What are the “downstream consequences” of an FLSA case?
A. The FLSA prohibits retaliation or discrimination against an employee who brings an FLSA case. These provisions have “teeth,” but do not cover “routine hassling.” The FLSA does not prohibit management from changing working conditions or schedules to minimize or eliminate FLSA overtime liabilities in the future. Local laws or collective bargaining agreements may govern and limit the changes an employer may make. Q. Do all “similarly situated” employees have to participate in an FLSA suit if one employee decides to sue? A. No. FLSA cases are not “class actions.” No employee need bring or join an FLSA suit if s/he does not want to. However, similarly situated employees are permitted to join an existing FLSA case, and this is a common procedure. If an employee does not join an existing FLSA suit s/he will not be entitled to recover any money as a result of the suit. And as a practical matter, any downstream consequences which may result from one employee bringing an FLSA action (such as
The FLSA prohibits retaliation or discrimination against an employee who brings an FLSA case. These provisions have “teeth,” but do not cover “routine hassling.” The FLSA does not prohibit management from changing working conditions to minimize or eliminate FLSA overtime liabilities in the future. Local laws or collective bargaining agreements may govern and limit the changes an employer may make.
A. The FLSA prohibits retaliation or discrimination against an employee who brings an FLSA case. These provisions have “teeth,” but do not cover “routine hassling.” The FLSA does not prohibit management from changing working conditions or schedules to minimize or eliminate FLSA overtime liabilities in the future. Local laws or collective bargaining agreements may govern and limit the changes an employer may make.
