SW Legal studies in Business

Employees May Seek Injunction Against Retaliation by Employer
Description Appeals court held that the Fair Labor Standards Act provides employees a private right of action to seek an injunction against an employer who retaliates against the employees for seeking enforcement of some provision of the Act, such as the minimum wage requirement.
Topic Employment Law
Key Words Minimum Wages; Fair Labor Standards Act; Retaliation; Injunctive Relief
C A S E   S U M M A R Y
Facts Bailey and other taxi cab drivers were fired after they sued their employer for failing to pay them minimum wages in violation of the Fair Labor Standards Act (FLSA). After they were fired, they filed an amended complaint, claiming retaliation in violation of the law and sought to enjoin their employer from firing them. The trial court denied the motion for injunctive relief, holding that only the Secretary of Labor may pursue that remedy. Bailey appealed.

Reversed. The remedies provided by the FLSA to employees for violations of the Act's anti-retaliation provisions are broad. Employees have a private right of action to pursue injunctive relief for violations of the Act pending resolution of their claim of a violation of the Act. "Employees may be much less likely to stand up for their substantive rights under the statute if they know that months or years will pass before a court can act to halt prohibited intimidation by their employer."

Citation Bailey v. Gulf Coast Transportation, Inc., 280 F.3d 1333 (11th Cir., 2001)

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