Posts tagged bright-line rule.
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In a split decision, the Ninth Circuit Court of Appeals has declined to adopt a bright-line rule to assess whether a managerial employee has filed a complaint for the purposes of § 215(a)(3) of the Fair Labor Standards Act (“FLSA”), the statute’s anti-retaliation provision. The decision, Rosenfield v. GlobalTranz Enterprises, appears to highlight a disagreement among the Circuits.
At least four Circuit Courts – the First, Fifth, Sixth and Tenth – have adopted a manager-specific legal standard: in order to engage in protected activity under § 215(a)(3), the employee ...
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