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4th Circuit Finds FLSA Doesn't Shield Job Applicants from Retaliation

This report relates to 1 case(s)

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    Dellinger v. Science Applications International Corporation, 649 F.3d 226 (4th Cir. 2011) (0 other reports)

Author: David B. Weisenfeld, XpertHR Legal Editor

In Dellinger v. Science Applications International Corporation, +649 F.3d 226 (4th Cir. 2011), the 4th Circuit Court of Appeals had to decide if the Fair Labor Standards Act's anti-retaliation provision protects job applicants.

It is well-settled law that employers cannot retaliate against employees who file an overtime or minimum wage complaint. But this case presented the question of whether a job applicant can have a claim against a prospective employer for retaliation during the recruiting and hiring process.

A divided 4th Circuit ruled that the Fair Labor Standards Act (FLSA) only gives an employee the right to sue his or her current or former employer. The woman who brought the case lost out on a conditional job offer with Science Applications after the company learned she had sued her former employer for alleged FLSA violations.