Supreme Court Will Not Hear Case Involving Waiver (in a Severance Agreement) of FLSA Collective Action Participation

Supreme Court Will Not Hear Case Involving Waiver (in a Severance Agreement) of FLSA Collective Action Participation

In a significant ruling (or lack of same) the US Supreme Court has declined to review an appellate court decision that held that employees could pursue a Fair Labor Standards Act collective action even though they signed severance agreements that included collective action waivers.

Whatcha Talkin’ Bout: Oral Complaints Made to Employer Constitute Protected Activity Under FLSA, Says Second Circuit

Whatcha Talkin’ Bout:  Oral Complaints Made to Employer Constitute Protected Activity Under FLSA, Says Second Circuit

In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s anti-retaliation provision. 

Second Circuit Synchs Up with Its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim On Oral Complaints to Employer

By | Employment Matters Blog | April 23, 2015

This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear expansion of its earlier interpretation of the law.