Call to Employer About Docked Pay Did Not Constitute FLSA Complaint: Eighth Circuit | Practical Law
In Montgomery v. Havner, the US Court of Appeals for the Eighth Circuit affirmed the district court's grant of summary judgment. The Eighth Circuit concluded that an employee failed to establish a prima facie case of retaliation under the Fair Labor Standards Act of 1938 (FLSA) because no reasonable jury could find that her call to the employer to ask why her pay was docked by ten minutes constituted filing a complaint under the FLSA.