29 U.S.C. §215(a)(3)


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This section prevents employers from firing or in any other way discriminating against an employee who files a complaint or participates in any proceeding under the FSLA.

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Section 215. (a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person—

[…] (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee;

Law / United States / Fair Labor Standards Act 1938

The Fair Labor Standards Act (FLSA) serves as the core wage and working hours protection legislation in the US federal scheme. It limits hours worked to 8 hours per day and 40 hours per week, and requires overtime at a 1.5x rate be paid past these amounts. With regards to overtime pay, while the FLSA’s protections extend to most workers, the FLSA does provide a number of exemptions. The standard salary level required for exemption from overtime pay is USD 913 a week, USD 47,476 annually for a full-year worker. It also incorporates the primary legislation limiting and regulating child labour (which varies by age and profession).

In cases of labor exploitation, FLSA will often act in concert with other laws that target trafficking and human rights abuses specifically.

The FLSA specifically does not apply to some agricultural workers (particularly seasonal workers), some social care workers, and certain professions. The FLSA may apply to migrants who do not fall into the exempt categories.