By Elizabeth Bowersox, JD
The number of overtime and minimum wage claims filed against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that hike comes an increased risk of FLSA retaliation claims.
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Fred Winters worked as a deputy for the Muskogee County Sheriff’s Department. His boss, Sheriff Charles Pearson, instructed him to drive his patrol car to Tulsa on his day off to have it outfitted with new equipment.
Although Winters understandably did not want to drive to Tulsa on his day off, he did because he was asked to do so by the sheriff. On his time sheet, Winters requested 2½ hours of overtime for making the trip to Tulsa. His request was denied. The evidence showed that Pearson was annoyed at Winters for requesting overtime while his patrol car was being fixed.