U.S. DOL Takes Aim At Second Circuit's History Of Refusing To Protect Internal Wage Complaints

The DOL continued its “regulation by amicus program” this past week when it submitted an amicus brief in Greathouse v. JHS Security, Inc., urging the Second Circuit to reverse a lower court’s decision, and longstanding circuit precedent, that internal complaints are not protected by the FLSA’s retaliation provision (29 U.S.C. § 215(a)(3)).  The Second Circuit’s decision may result in significant consequences for employers operating in New York, Vermont, or Connecticut.

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