New Ammunition in the fight against RETALIATION

New laws were just passed in January 2014 adding to these protections.

Labor attorneys did fight extremely hard on the issue of whether the written or oral complaints are protected by the Fair Labor Standards Act (FLSA) or not; the decision was issued by the United Sates Supreme Court on the 22nd of March 2011, in which it was made clear that the Fair Labor Standards Act (FLSA) provisions for anti-retaliation does protect written and oral complaints.
The suit against Gobain-Saint has already been won by the labor attorneys for keeping time clocks in the area where the workers were not allowed to keep track of time after entering the working place until they left from there. An anti-retaliation suit was being filed against Gobain-Saint that claimed that because of an oral complaint regarding the time clocks location, he was terminated by Saint-Gobain.
FLSA is well aware of the enforcement of issues related to hour and wage like overtime, expenses that are reimbursable, and working without checking the time. Other than that, it also stops employers from terminating any specific employee because of a reason that he or she has filed a complaint claiming the statute violation.
Interpretations of the word “Filed” with an inclusion of the verbal complaints were impossible for the court because of not having sufficient text, and that’s why considerations were made on some other important factors such as:
National Labor Relations Act’s anti-retaliation provision has the similar kind of an interpretation that the term “Filed” has.
The inadequate interpretation is going to weaken the basic purpose of FLSA- stopping the undesirable conditions for laborers.
Decisions were made by Secretary of Labor and The EEOC that the term “Filed” contains both written and oral complaints.
The requirement of FLSA can actually be met by written and oral complaints about the employers receiving complaint of a fair notice.
Because of the retaliation provisions of California’s labor code, California labor attorneys do not commonly register an appeal under FLSA.
California Labor Code section 1102.5:
(a) Any regulation, rule or a policy that prevents a specific employee to disclose any information to the government or any law enforcement agency might not be made, where an employee starts believing that the disclosure of the information violates the federal statute, statute or a noncompliance of a federal rule, state rule or any regulation.
(b) There should not be any retaliation between employees because of disclosing information to a law enforcement agency or government, where an employee has a genuine cause to trust the disclosure of the violation of a federal statute, a state or a noncompliance of a regulation, a federal or a state rule.
(c) There should not be any retaliation between employees because of a refusal on participating in any activity that might cause a federal or a state rule violation or a non-compliance of the regulation, a federal or a state rule.
(d) There should not be any retaliation between employees on exercising his or her rights in the subdivisions mentioned above under any previous employment.
In spite of that, the FLSA also applies to the employers of California. As a result, California labor attorneys are now able to depend on Kasten for the protection of the employees of California from the retaliation of any oral complaints on FSA-protected rights.
If you are being retaliated against because of registering a complaint on your work premises, no matter if it’s written or verbal, simply contact the most experienced California labor attorney for your case.