The FLSA (federal Fair Labor Standards Act) and similar state labor laws prohibit employers from retaliating against employees who exercise their rights under the law. When an employer is found to have engaged in such unlawful retaliation, the consequences can be costly. For example – a Los Angeles jury awarded a former Los Angeles police officer nearly $4 million in his case against the LAPD, finding from the evidence that the plaintiff was fired in retaliation for testifying against the department in a labor dispute.
After testifying in a lawsuit brought by another LAPD officer against the department, claiming that LAPD violated the Fair Labor Standards Act by failing to properly report and pay officers for all of the overtime hours they work, the plaintiff was fired.
What can I do if my employer retaliates against me because I told him I was going to file a wage claim for unpaid overtime?
California state labor laws provide protection for employees who are discriminated against or retaliated against in any manner for filing a wage claim for unpaid overtime.
Retaliation can be in the form of a termination or other actions short of a termination that are intended to punish an employee because they file a wage claim or threaten to file a wage claim with the Labor Commissioner. Employees who believe they have been retaliated against can either file a discrimination/retaliation complaint with the Labor Commissioner’s Office or hire a private employment law attorney to file a lawsuit.
If you believe that you may have a claim for unpaid overtime or would like to get more information, please call us at 1-866-559-0400, email us at mlore@overtime-flsa.com or submit your information using our convenient Case Evaluation form for a FREE and CONFIDENTIAL review of your circumstances.
