Minor v. Bostwick Laboratories, Inc., No. 10-1258
Decided: January 28, 2012
Appellant Kathy Minor appealed from the district court’s dismissal of her claim under the Fair Labor Standards Act’s anti-retaliation provision, 29 U.S.C. § 215(a)(3). The district court dismissed Minor’s action on the grounds that complaints made within a company are unprotected by the anti-retaliation provision, and that therefore because Minor reported the alleged Fair Labor Standards Act violations internally to her employer, her complaint failed to state a claim under Federal Rule of Civil Procedure 12(b)(6). The Fourth Circuit reversed, holding that complaints made within a company may constitute protected activity within the meaning of the statute.
-Sara I. Salehi