Where a plaintiff claimed that he was wrongfully retaliated against for requesting overtime wages under the Fair Labor Standards Act, an award of summary judgment in favor of the defendant employer should be affirmed based on a lack of evidence of a causal connection between the plaintiff’s filing of a Department of Labor complaint and the defendant employer’s decision not to promote him to director of field operations.
“Peter Marcus originally brought this action against the American Contract Bridge League (‘ACBL’), where he was formerly employed. …
“In 2014, Marcus — a full-time salaried Tournament Director — filed a complaint with the United States Department of Labor (‘DOL’). Marcus alleged that he had been misclassified as an exempt employee and was entitled to overtime pay. …
“… The court found that ‘Marcus ha[d] failed to put forth evidence from which a reasonable factfinder could infer that [ACBL] did not promote him because of his November 2014 complaint’ to the DOL. …
“In short, based on the record before us, we can find no evidence of a causal connection between Marcus’s filing of the DOL complaint and ACBL’s decision not to promote him to Director of Field Operations. We therefore affirm the district court’s entry of summary judgment in favor of ACBL on Marcus’s retaliation claim.”
Marcus, et al. v. American Contract Bridge League (Lawyers Weekly No. 01-151-23) (33 pages) (Montecalvo, J.) Appealed from a decision by Saylor, J., in the U.S. District Court for...
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