FLSA retaliation protection doesn't cover job applicants

Good news: A recent appeals court ruling limits employers’ exposure to retaliation lawsuits under the Fair Labor Standards Act.
The court upheld a lower court ruling denying a woman’s claim that she’d been denied a job with a new company because she’d filed an FLSA complaint against a former employer.
The reason? The FLSA only covers current and former employees — not prospective ones, the court said.
Since the woman was only applying for a job, the judges ruled, she couldn’t be considered an employee. That meant she wasn’t covered under the anti-retaliation protection of the FLSA.
The case is Dellinger v. Science Applications International.  For a look at the full court decision, go here.