Retaliation: Informal Complaints to Employer About Wage Theft is Sufficient Notice

Home / Retaliation: Informal Complaints to Employer About Wage Theft is Sufficient Notice

Retaliation for complaining about wage theft is unlawful.

When you complain about your rights to your employer and then you suffer from adverse employment actions like mistreatment, suspension, or even termination, you may have been retaliated against for complaining about your rights under the law.

An employee’s oral or written informal complaints to their employer about non-payment overtime and minimum wages is sufficient notice to employers.


How do you “file a complaint” under the anti-retaliation provision of the Fair Labor Standards Act (FLSA)? Under the Second Circuit Court of Appeals’ May, 2015 ruling, employees oral complaints are sufficient for retaliation notice.

In New York and Connecticut an employee might be entitled to the protections of the anti-retaliation law after he orally complained to a supervisor that he hadn’t been paid in months. This is great for employees because before this ruling the anti-retaliation law applied to workers who file formal, written complaints with government agencies or courts.

Now under the new precedent more employees can sue their employers if they were retaliated against for speaking out against unlawful wage practices. The ruling allows for more potential retaliation cases although “a grumble in the hallway” about pay policies is still not enough, the anti-retaliation provisions that make an oral or written complaint to an employer that is “sufficiently clear and detailed” may be able to recover under the statute.

If you believe that you are being retaliated against at work for asserting your rights, please set up a free consultation today!

Berlingieri Law, PLLC can put your employer on notice that they are not paying you correctly. You may have a claim – do not wait!

Call or email today!