The Fair Labor Standards Act, 29 U.S.C. 215(a)(3) ("FLSA") forbids an employer from retaliating against an employee for making prior FLSA complaints. Simple concept, one would think. But with most employment related legal issues, the "devil" is often in the details. What is an "employee," exactly, under the FLSA? Does it include an applicant for employment, who is retaliated against by a prospective employer? A divided panel of the U.S. Court of Appeals for the Fourth Circuit recently ruled that the answer is "no," rejecting a claim that a prospective employer violated the FLSA by rescinding an employment offer to an applicant after learning about a FLSA lawsuit the applicant filed against her prior employer. Dellinger v. Sci. Applications Int’l Corp., 2011 U.S. App. LEXIS 16635 (4th Cir. Aug. 12, 2011).
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