subject: Protection Provided By Flsa [print this page] Among the employees rights upheld by the Fair Labor Standards Act is the right to be provided protection from retaliation whenever they are to file a lawsuit, cooperate in the investigation, or is scheduled to give testimonies which will incriminate the company they are working for.
FLSA Protection also covers any act of retaliation such as demotion, termination, unreasonable transfer, or physical violence.
However, as stated in the interpretation by the Fourth Circuit Court of appeals, a worker who only voiced out or declared the misconduct of his employer is not protected by the FLSA. For this reason, it is important to immediately file a complaint before retaliation can take place.
Proving Retaliation
In order to prove that a complainant is retaliated against by his employer, he must prove the following:
The complainant is eligible for the FLSA protection.
The complainant suffered from the action of his employer.
The said action can be perceived as a result of his FLSA-protected act.
The above can prove a prima facie claim for retaliation and the employer will be compelled to give a reason for his actions. If the defendant has been able to give a non-retaliatory reason for his actions, the complainant will have to show the context as to how the act is retaliatory.
Basis for Complaints
Under the FLSA, a worker can file complaints against his employer under the following basis:
Working Hours
Overtime Rates
Rest and Meal Breaks
In each state, there are different rules which apply to the above provisions. Some workers are provided with breaks while other state laws hand the discretion to the company.
For workers who are hesitant to file claims, it is important to seek the assistance of employment lawyers who can assess your case and immediately file a complaint with the Department of Labor or other concerned agencies.
The complaints must be entered within the two-year period for it to be valid. In some cases, complaints of maltreatment which dates three years back will also be accepted provided that the worker can prove that his employer is aware of the abuse.
Compensation
In the course of the maltreatment, the worker is likely to receive unjust compensation income and overtime pays, trauma, and other illnesses caused by the unfair company policy.
Once the allegations are proven, the guilty party would have to pay compensatory, and possibly, punitive damages. The compensatory damages usually cover emotional pain or distress and the lost wages or back pays.
Punitive damages are asked for in grave cases of employee maltreatment. It is designed to punish the wrongdoings of the company and prevent future violations that they might commit.
An employment lawyer can assess the compensation that the complainant will claim and make sure that all damages will be covered.
