Department of Labor Targets Second Circuit’s for not Protecting Internal Wage Complaints – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on March 27, 2013

MoneyThe Department of Labor (DOL) has filed an amicus brief with the Second Circuit Court of Appeals urging the court to reverse the lower court’s precedent decision that internal wage complaints are not protected by the Fair Labor Standards Act (FLSA).  Greathouse v. JHS Security, Inc.

In Greathouse, the plaintiff alleged that the president of JHS threatened and pulled a gun on him when he complained that he had not been paid in several months.  Plaintiff left his job then sued alleging that the actions of JHS and JHS's President violated the FLSA’s retaliation provision (29 U.S.C. § 215(a)(3)), which prohibits discharging or in any other manner discriminating against an employee “because such employee has filed any complaint” covered by the FLSA.  Though the U.S. Supreme Court has held that oral complaints are protected, the Second Circuit lower court held otherwise.  They also held that the plaintiff’s internal complaint did not qualify as “fil[ing] any complaint?”  The Supreme Court has not decided this question.

In addition to the DOL, amicus briefs have been filed by several labor groups.

If you have an overtime pay claim that needs proper adjudication, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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