New Orleans Partner Discusses New DOL Issued Guidance on Prohibited Retaliation Under FLSA and FMLA

Michelle Anderson talked with SHRM about guidance that the U.S. Department of Labor (DOL) released on March 10 giving specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs.

The DOL offered several hypothetical situations to illustrate unlawful retaliation, including what may happen if an employee filed a private cause of action seeking remedies such as reinstatement, lost wages, and liquidated damages. According to Michelle, liquidated damages are a multiplier of any back wages owed.

"For every dollar of back wages owed, the FLSA includes provisions allowing for an additional dollar of damages to be added," she explained.

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