“The FLSA’s silence does not resolve the issue.”

A public official may not invoke qualified immunity in an FLSA retaliation suit, the Fifth Circuit held in a matter of first impression. The common law did not immunize malicious retaliation when Congress authorized private FLSA retaliation suits, and the policies underlying qualified immunity do not justify extending the defense to such claims, the federal appeals court found. The underlying case involved an academic advisor at Texas A&M University who was fired after she returned from medical leave and complained to her supervisor that her paycheck might arrive late (Stramaski v. Lawley, No. 25-20348 (5th Cir. Oct. 27, 2026)).

Retaliation under the FLSA. The FLSA, enacted in 1938, the court initially observed, makes it unlawful “to discharge or in any other manner discriminate against any employee” because they asserted their rights under the Act.” It defines “employer” to include “any person acting directly or indirectly in the interest of an employer in relation to an employee,” and the appeals court has read that language to permit individual-capacity liability for supervisory employees.

Employer good faith. Congress dealt with employer good faith in two 1947 amendments. Under Section 259 of the Act, an employer who relies in good faith on specified administrative guidance regarding wage-and-hour liabilities has a defense. Section 260 gives courts discretion to withhold liquidated damages if the employer acted in...

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