Fair Labor Standards Act Cases of Note
The lawyers of K&G Law Group have litigated dozens of Fair Labor Standards Act cases, including a number of cases involving noteworthy legal issues.
For example, our lawyers litigated the issue of whether the FLSA’s anti-retaliation provisions protect an applicant for employment who previously filed an Fair Labor Standards Act case against her former employer for failure to pay overtime. Prior to the Fourth Circuit opinion in Dellinger v. SAIC, no federal appellate court had ever considered the issue of whether a job applicant fell within the protected category of employees in the FLSA anti-retaliation provisions.
The Complaint was filed in the U.S. District Court for the Eastern District of Virginia, where it was dismissed on a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff then appealed to the Fourth Circuit Court of Appeals, which agreed with the District Court in a 2-1 opinion, with Judge King providing a vigorous dissent. The Solicitor General of the United States Department of Labor deemed the legal issue to of significance such that he filed an amicus brief and participated in oral argument.
When re-hearing was denied by the Fourth Circuit, a writ was filed with the United States Supreme Court — however, the writ was denied. In the time that has elapsed since the Dellinger case, this issue has arisen more and more frequently, and we are ultimately hopeful that the United States Supreme Court will correct this error. We are proud, however, to have been the first ones to litigate this issue in a federal court of appeals.
If you have a potential FLSA case which you would like to discuss with us, click here.