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The FLSA's prohibition against retaliation of workers for complaints about their wages

Last week, the WVPI published an article on this blog addressing the Fair Labor Standards Act ("the FLSA"), the federal statute governing pay policies. The FLSA has been the law of the land since the Great Depression, and is enforced and administered by the United States Department of Labor ("USDOL")

Amongst other matters, the FLSA prohibits employers from taking retribution against workers who have complained about their wages.

According to USDOL "Any employee who is discharged or in any other manner discriminated against because, for instance, he or she has filed a complaint or cooperated in an investigation, may file a retaliation complaint with the Wage and Hour Division or may file a private cause of action seeking appropriate remedies including, but not limited to, employment, reinstatement, lost wages and an additional equal amount as liquidated damages" pursuant to the FLSA.

USDOL also states that "Because section 15(a)(3)" of the FLSA "prohibits any person from retaliating against “any employee”, the protection applies to all employees of an employer even in those instances in which the employee’s work and the employer are not covered by the FLSA."

Employers are required to maintain certain records regarding payroll practices in compliance with the FLSA. Please watch the following brief video for an overview on the same:



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