The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as other employment-related statutes that are enforced by the DOL’s Wage and Hour Division (WHD). DOL Field Assistance Bulletin No. 2022-02 (FAB2022-02), issued on March 10, 2022, provides a comprehensive review of worker protections from retaliation under federal law, as well as specific examples of what constitutes retaliation under the FLSA, the FMLA, and other employment statutes.
FAB2022-02 provides a detailed summary of the legal standards for what constitutes prohibited retaliation under the FLSA, the FMLA, and other employment statutes enforced by the WHD. Retaliation occurs when an employer, including through a manager, supervisor, administrator or other agent, takes an adverse action against an employee because they engaged in a protected activity. Examples of protected activity include making a complaint to a manager, employer, or the WHD; cooperating with a WHD investigation; requesting payment of wages; complaints by a third party on behalf of an employee; consulting with WHD staff; testifying at trial; and exercising, or attempting to exercise, rights protected by statute such as requesting certain types of leave or entitlement to overtime.
FAB2022-02 makes clear that an employee can be protected from retaliation even...
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