Kasten v. American Saint-Gobain

Answering one question and avoiding another, the Supreme Court, in a 6-2 decision, has found that although the Fair Labor Standards Act’s protections against retaliation speak of those who “file” a complaint, a wage-hour complaint need not be written in order to invoke the protective shield. Left unanswered is whether a complaint which is purely internal – presented to the employer, rather than to a regulatory body. Since the issue most worrisome to employers is that of the "squeaky wheel" employee who voices concerns within the workplace, it will be necessary to await another decision in another case to provide guidance in this regard. It should, however, also be noted that complaints of this nature often are matters of "common concern," meaning that the provisions of the National Labor Relations Act dealing with "protected concerted activity" may come into play, leaving the employer possibly vulnerable under both the FLSA and the National Labor Relations Act.

Read the decision here.

See also Saint-Gobain Ruling Leaves Uncertainty for Employers (Employment Law360)

Family Dollar FLSA Litigation Update

Store manager was exempt, not entitled to overtime, and ineligible to represent a class of other Family Dollar employees. This is a significant decision in favor of employers.

Click here to read the decision.

See also previous FLSA blog posts on this litigation.

Disputes Over Overtime Pay Prompt Lawsuits by Workers, Land Companies in Courtrooms

When Dick's Sporting Goods reported fourth quarter results last week, the Findlay retailer with stores in 42 states explained that its profits would have been higher if not for charges related to settling class-action lawsuits over wage and hour disputes. Dick's is not alone in coping with allegations of not properly following the law in reimbursing employees for their time.

Read more from the Pittsburgh Post-Gazette on recent high-profile FLSA suits.

Reps for Pharmaceutical Sales Can Claim Overtime: Supreme Court

Washington, DC: Major pharmaceutical companies have been facing a new enemy on the lawsuit front—and it has nothing to do with allegedly unsafe drugs. In this case, sales representatives engaged by the major drug companies to facilitate pharmaceutical sales, have been seeking the opinion of the courts on whether or not they qualify for overtime under the Fair Labor Standards Act (FLSA).

Read more (Lawyers and Settlements)...