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Vol. 42, No. 3 Winter 2016

Employee Relations Law Journal

By: Howard S. Lavin, Elizabeth E. DiMichele

Does the anti-retaliation provision of the Fair Labor Standards Act of 1938 (the “FLSA”) apply to management level employees who express opposition to their employers’ wage and hour practices?  Having lost his claim alleging, among other things, that his employment was terminated because he reported wage and hour violations to his former employer, in violation of the FLSA, petitioner Stephen Miller filed a petition for a writ of certiorari with the U.S. Supreme Court.  In seeking review of the Fifth Circuit’s decision affirming the dismissal of his claim under the FLSA, petitioner Miller asserted that there is a circuit split between the First, Fifth, Sixth, and Tenth Circuits, on the one hand, and the Ninth Circuit, on the other hand.

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