Greathouse v. JHS Security Inc. (2d. Cir, 2015)

Apr 20, 2015

OUTCOME: Reversed & Remanded

In this case, our client, a security guard, complained to his boss about not getting paid his wages in several months, and in response his boss pulled a gun on him. The district court found that this ... was not “retaliation” under the FLSA, because the complaint was internal, rather than to a formal tribunal like a court or the DOL, based on a prior 2nd Circuit opinion. It is a big deal when the Court is willing to reverse a 20-year-old precedent, which was certainly the right result. We appealed this case on behalf of our client, because we believed the law should do more to protect workers’ ability to speak up about their wage rights without fear of retribution. Our firm is dedicated to helping employees to stand up for their rights to be paid the wages that they have earned, and a big part of this battle is helping to remove barriers from their ability to inquire as to the fairness of their pay. The 2nd Circuit has made it much clearer now, that workers can feel more confident asking for their pay, and can know that the courts will have their back if their employer punishes them for doing so. This ruling is a big step toward providing workers more justice and certainty when it comes to being paid what they have earned, and we will continue to fight for further protections for employees to seek redress when their rights are violated. http://www.ca2.uscourts.gov/decisions/isysquery/142f77c4-72bb-41ae-a09e-b01c76f9a170/1/doc/12-4521_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/142f77c4-72bb-41ae-a09e-b01c76f9a170/1/hilite/