DOL Pushes 2nd Circ. To Widen FLSA Retaliation Rules

Law360, New York (February 28, 2013, 2:45 PM EST) -- The U.S. Department of Labor and several worker advocacy groups urged the Second Circuit on Tuesday to overturn its long-standing position that internal complaints to an employer are not protected from retaliation under the Fair Labor Standards Act.

In separate amicus briefs, the DOL and a coalition of labor groups lead by the National Employment Law Project said the appeals court's narrow reading of the statute's retaliation rules frustrates the remedial purpose of the workplace law. Unlike every other circuit, the Second Circuit says complaints must...
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