Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Employer – Employee: Fair Labor Standards Act – Complaint – Retaliation

Employer – Employee: Fair Labor Standards Act – Complaint – Retaliation

Where an employee called her supervisor to ask why 10 minutes was docked from her pay and the supervisor agreed to change the clockout time with the employee reporting that the conversation ended nicely although she was later fired, the discussion could not qualify as a complaint under the Fair Labor Standards Act, so the district court did not in finding that the employee failed to establish a prima facie case of retaliation under the act.

Judgment is affirmed.

Montgomery v. Havener (MLW No. 64410/Case No. 12-1977 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Moody, J. (Luther Oneal Sutter, Benton, Arkansas, argued for appellant) (Sara M. Hartness Monticello, Arkansas, and Jeffrey C. Elliott, Texarkana, Texas, argued for appellees).

Read the full text of this opinion. (PDF)