The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10, 2022, the DOL issued Field Assistance Bulletin 2022-02 (FAB) to specifically address FLSA retaliation. After providing a general overview of the FLSA and the requirement to pay minimum wage and overtime for all hours worked over 40 in a workweek, the DOL, in a nutshell, reminds field investigators that anti-retaliation protections remain alive and viable. As such, workers should have the ability to make inquiries about the correct payment of wages and other benefits without fear of adverse employment actions that constitute retaliation. Interestingly, the FAB identifies vulnerable employees such as “those making the lowest wages, immigrant workers, workers of color, and women from exercising their workplace rights and ensuring they are paid the wages they are owed and afforded other protections under the law.” The DOL then pinpoints specific attention at retaliation by stating “it continues to be of paramount importance that WHD [Wage and Hour Division] fully enforce the anti-retaliation provisions of the laws it administers to prevent and stop retaliation as early as possible. (Emphasis added)

Provision for Employees Who are Nursing Mothers

While many employers have some understanding of compliance with the more well-known provisions of the FLSA,...

Read Full Story: https://www.jdsupra.com/legalnews/to-avoid-flsa-retaliation-don-t-miss-7981246/