Circuit split · employment law
Whether the Fair Labor Standards Act's anti-retaliation provision protecting an employee who has 'filed any complaint' reaches internal or oral complaints made to an employer, or requires a formal complaint filed with a court or government agency
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
First Circuit Court of Appeals · July 13, 2004
“There is a conflict among the circuits regarding what actions constitute the filing of a complaint.” — Split of authority
Empirical analysis of this case →
The provision at issue
29 U.S.C. § 215 — Prohibited acts; prima facie evidence
“(a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— (1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title , or in violation of any regulation or order of the Secretary issued under section 214 of this title ; except that no …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 1st Cir.Valerio v. Putnam Assoc., Inc.173 F.3d 35
What the split turns on
- Statutes:
- 29 U.S.C. § 215(a)(3)
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.