Opinion · Court of Appeals for the Ninth Circuit

Lambert v. Ackerley

180 F.3d 997

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1998-10-01
Topic
general

finding that “filed any complaint” could be interpreted to encompass internal complaints, especially given the common labor practice of “filing” internal grievances with employers | explaining that “so long as an employee communicates the substance of his allegations to the employer” the “anti-retaliation provision applies.” | holding “[p]arties are entitled to fees only for work related to issues 26 on which they prevail” | finding that two employees’ complaint to management on behalf of themselves and four other employees served as a protected complaint for each of the six employees | approving jury instruction that individuals were liable if they had a "significant ownership interest with operational control of significant aspects of the corporation's day-to-day functions" (emphasis added) | finding protected activity where employees, inter alia, contacted the Department of Labor to inquire as to legality of employer’s practices. | protecting an employee attempting to assert her individual statutory right to overtime pay | protecting an employee attempting to assert her individual statutory right to overtime pay | addressing FLSA retaliation claim of six former ticket sales agents of the Seattle SuperSonics | setting forth prima facie case of retaliation under 29 U.S.C. § 215(a)(3) | “The FLSA’s anti-retaliation clause is designed to ensure that employees are not compelled to risk their jobs in order to assert their wage and hour rights under the Act.” | "[W]e conclude that 'any complaint' related to the FLSA includes complaints made to employers." | “The FLSA’s 4 anti-retaliation clause is designed to ensure that employees are not compelled to risk their jobs in 5 order to assert their wage and hour rights under the Act.” | “because the FLSA is a remedial statute, it must be .interpreted broadly” | “Where an individual exercises ‘control over the nature and structure of 6 || the employment relationship,’ or “economic control’ over the relationship, that individual || 1s an employer within the meaning of the [FLSA].” | section 15(a)(3) protects “employees who complain about violations to their employers” | FLSA’s anti-retaliation provision is intended “to provide an incentive for employees to report wage and hour violations by their employers” and “to ensure that employees are not compelled to risk their jobs in order to assert their wage and hour rights under the Act.” | affirming award of attorneys’ fees for post-trial matters | violations of 14 overtime wage provisions | providing four-factor economic reality test

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