On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.”

The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), as well as certain visa programs under the Immigration and Nationality Act (INA).

Other WHD-enforced federal labor laws covered by the FAB include:

• The United States-Mexico-Canada Agreement (USMCA) – requiring any facility involved in the production or assembly of certain vehicles pay their workers at least $16.00 per hour;
• Executive Orders 13706, 13658, and 14026 – governing paid sick leave and minimum wages for certain federal contractors;
• The Consumer Credit Protection Act (CCPA) – protecting employees from being discharged because their wages have been garnished for any one debt and limiting the amount of an employee's earnings that may be garnished in any week; and
• The Employee Polygraph Protection Act (EPPA) – prohibiting most private sector employers from using lie detector tests in pre-employment screening or during the course of employment, unless an exception applies.

Here are some of the key takeaways for private sector employers:

What Constitutes Prohibited Retaliation?

Although each law contains its own slightly different statutory definition,...

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