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7/22/2011
KH Law
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Facebook and the FLSA

Facebook and the FLSA; How does the court interpret your Facebook posts about your employer's pay practices?

Facebook is the most popular social media site on the web. In fact, you are probably logged in right now or have another tab open to it. Your posts will hopefully never have to go up in front of a courtroom, but in case they are find out how they will be evaluated when it comes to employer retaliation claims.

Are online complaints protected by the FLSA?
The Supreme Court recently heard a case, Kasten v. Saint-Gobain Performance Plastics Corporation, and ruled that an employee's verbal complaints to an employer is protected activity under the FLSA. But what about online complaints?

A Florida court has issued a ruling concerning this issue. A lawsuit was brought by a former employee who claimed she suffered employer retaliation in violation of the FLSA. She claimed that after she complained about not being paid overtime on her Facebook page she was terminated by her employer, JP Morgan Chase & Co.

The court ruled in favor of the employee when it came to getting her overtime pay back, but the retaliation claim was dismissed. According to the court, the employee only made online claims about her disagreement with her employer's pay practices and "letting off steam" on Facebook is not within the protected activities of the FLSA.

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