Retaliation continues to be at the top of the federal government’s priority list. Last month, the U.S. Department of Labor issued a new field assistance bulletin entitled Protecting Workers from Retaliation, which addresses worker protections from retaliation under laws that the Wage & Hour Division enforces. The DOL pledged to “use every tool available” to “uphold the rights of workers to identify violations of the law without fear of termination or other threats to their reputation, safety or livelihood.” The DOL, EEOC and NLRB announced an initiative to join together to combat retaliation.
According to the DOL, retaliation occurs when an employer, including through a manager, supervisor, administrator or other agent, takes “adverse action” against an employee because they engaged in “protected activity.” The DOL defines an adverse action as “any action that could discourage an employee from making a complaint or expressing concern about a possible violation or engaging in protected activity, such as filing a complaint or cooperating in an investigation.” A finding of retaliation also requires a causal connection between the protected activity and the adverse action. It is important to note that more than half of all EEOC charges filed by employees or former employees in recent years contained allegations of retaliation.
The Wage and Hour Division of the DOL investigates employers to determine compliance with anti-retaliation provisions under several laws, including...
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