Updates: U.S. Supreme Court weighs in on FLSA; EEOC issues final ADAAA regulations
Posted on 03/25/2011 at 02:25 PM by Ted Craig
FLSA complaints can be written or oral The Fair Labor Standards Act, among other things, establishes standards for minimum wage and overtime pay, and also sets out equal pay provisions under federal law. On March 22, 2011, the U.S. Supreme Court ruled that the anti-retaliation provision of the Fair Labor Standards Act covers both written and oral complaints. Common examples of FLSA complaints include misclassification/overtime pay complaints and complaints for failure to pay for work done. Previously, circuit courts across the U.S. were split on whether a complaint under the FLSA had to be written, or whether both written and oral complaints qualified as complaints under the law. The Supreme Court found in favor of the latter, instructing that FLSA complaints can be written or oral, and to be protected by the FLSA's anti-retaliation provision, 'a complaint must be sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection.' This decision is consistent with current Eighth Circuit law, and Iowa employers should already be recognizing oral FLSA complaints. The Supreme Court makes clear that the FLSA's anti-retaliation provision protects both written and sufficiently clear oral complaints, and the decision provides a good opportunity for Iowa employers to reexamine their FLSA complaint handling procedures and remind management employees that FLSA complaints can be made orally. EEOC issues final ADA Amendments Act regulations On March 25, 2011, the EEOC published at long last regulations interpreting the Americans with Disabilities Act Amendments Act (ADAAA). The regulations are available in on the Federal Register website. The EEOC has also posted Questions and Answers and a Fact Sheet on the final regulations. Stay tuned for a more in-depth analysis of these important new regulations from Dickinson's Employment and Labor Law Group.
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