Dellinger v. Science Applications Int'l, No. 10-1499 (4th Cir. 2011)
Annotate this CasePlaintiff commenced this action under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 215(a)(3), against defendant, alleging that defendant retaliated against her by refusing to hire her after learning that she had sued her former employer under the FLSA. At issue was whether an applicant for employment was an "employee" authorized to sue and obtain relief for retaliation under section 216(b) of the FLSA. The court held that, based on the statutory text, the FLSA gave an employee the right to sue only his or her current or former employer and that a prospective employee could not sue a prospective employer for retaliation. Therefore, the court affirmed the judgment of the district court.
Court Description: Published opinion after argument: Affirmed
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