BURLINGTON, NC — A former manager at T.S. Designs (Burlington T-Shirt Company) has recently filed a lawsuit alleging that her termination was actually retaliation due to rules in the Fair Labor Standards Act (FLSA) and North Carolina’s wage and hour laws. The plaintiff stated in her complaint that she contacted the Department of Labor to inquire into the legality of some of the company’s wage and hour policies that seemed off to her, specifically for her position as an account manager. One such policy involved employees paying part of their hourly wages back to Burlington when overtime hours were worked and commissions were earned.
Retaliation under FLSA
FLSA provides that it is a violation for employers to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to FLSA, or has testified or is about to testify in any such proceeding. Employees are protected against retaliatory conduct by employers regardless of whether the wage complaint is made orally or in writing. Complaints made to the Department of Labor are protected, and the internal complaints to an employer are also likely protected.
After receiving confirmation from the Department of Labor that these practices were illegal (and Burlington being informed as well), the plaintiff was terminated nine days later. Due to the proximity of her termination to her DOL inquiry, the plaintiff is claiming that her termination was in fact, retaliation, which is also illegal due to the same FLSA and North Carolina rules.
The FLSA is a federal law that establishes minimum wage and overtime protections for many workers in America, and it is enforced by the Wage and Hour Division of the U.S. Department of Labor. The FLSA also prohibits retaliation against any person who has filed a complaint with the Department or an employer (orally or in writing) or cooperated in an FLSA investigation. Protecting workers from retaliation and ensuring that they do not face threats or intimidation for exercising their rights is an important priority for the Wage and Hour Division.
FLSA Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.