United States Fourth Circuit

Action by former employee for unpaid overtime in violation of the FLSA, and retaliation, dismissal of retaliation claim and summary judgment for defendant on remaining claim is reversed in part as a plaintiff asserting a retaliation claim under the FLSA need only allege that his employer retaliated against him by engaging in an action that would have been materially adverse to a reasonable employee because the employer's actions could well dissuade a reasonable worker from making or supporting a charge of discrimination.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

• Before MOTZ and GREGORY, Circuit Judges, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Harris D. Butler, III, Butler, Williams & Skilling, P.C., Richmond, Virginia, for Appellant.  John Francis Scalia, Greenberg & Traurig, L.L.P., McLean, Virginia, for Appellee.   ON BRIEF:  William C. Tucker, Butler, Williams & Skilling, P.C., Richmond, Virginia, for Appellant.   Matthew H. Sorensen, Greenberg & Traurig, L.L.P., McLean, Virginia, for Appellee.