Revenge isn't sweet when FLSA prohibits retaliation

Employment relationships walk a fine line. Many employees enjoy positive relationships with their workers on professional levels that sometimes spill over into friendship. Some bosses get to know the names of their long-time staff members' children or spouses, remember birthdays and anniversaries. However, there must also be a mutual understanding that tasks performed are done in exchange for compensation. That is, regardless of the relationship, employers must always remember they have entered into an agreement with staff members to pay them for all of their time and attendance.

If supervisors violate that understanding, employees have a right to take action. And many do.

In one case, three truck drivers for Appliance Direct filed a lawsuit to collect wages for overtime employee attendanc​e while they were still working for the company, according to an article by Kevin Vance of Duane Morris LLP. The three individuals were eventually fired by the firm after being replaced by contracted workers - a move they claim was intended to punish them for complaining.

The court agreed and demanded Appliance Direct repay those employees not just for the overtime but also liquidated damages for retaliating against them, Vance wrote in the article.

The Fair Labor Standards Act (FLSA) forbids retaliation against employees who make complaints about their wages or prompt investigations by the Department of Labor.