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Supreme Court Leaves Intact Decision Refusing to Extend the Fair Labor Standards Act's Anti-Retaliation Provision to Prospective Employees

By Michael S. Arnold

The Supreme Court has refused to consider the issue of whether the Fair Labor Standards Act’s anti-retaliation provision applies to prospective employees. Its refusal leaves intact a Fourth Circuit Court of Appeals decision extending the FLSA anti-retaliation provision to current and former employees only and barring such claims by prospective employees. You can read our previous entry on the Fourth Circuit’s decision here. We will provide further updates as other courts weigh in on this issue over time.

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Martha Zackin