FLSA Retaliation: Were You Fired for Reporting Unpaid Overtime or Stolen Tips?

The Fair Labor Standards Act (FLSA) requires employers to pay for every hour worked, including overtime and tips. If you complained about wage violations and were fired, demoted, or punished, you may have a case for retaliation.

Kaplan Employment Law fights for employees fired after asserting their rights under the FLSA. We hold employers accountable for wage theft, retaliation, and wrongful termination—and we win.

Fired after reporting stolen wages? Let’s discuss your case. Get a free consultation with our wrongful termination attorneys in Florida today.

What is the Fair Labor Standards Act (FLSA)?

The FLSA is a federal law enacted in 1938 to protect workers from unfair pay practices. Enforced by the Department of Labor (DOL), the FLSA establishes:

• Minimum Wage Standards: Employers must pay at least the state or federal minimum wage, whichever is higher.
• Overtime Pay Requirements: Employers must pay time-and-a-half for all hours over 40 per week (for non-exempt employees).
• Tip Protection: Employers cannot take, steal, or withhold tips that belong to employees.
• Tip Pooling: Employers can require tip pooling but CANNOT use it to pay managers or kitchen staff.
• Recordkeeping Obligations: Employers must track all hours worked and wages paid to employees.

If you were fired because you complained that your employer was not following these laws,  you may have a case for FLSA retaliation.

What is FLSA Retaliation?

29 U.S.C. § 215(a)(3), prohibits employers from firing, demoting, or punishing employees for asserting their FLSA rights. Even if an employee’s complaint is found invalid, they are protected if the complaint was made in good faith.

Examples of illegal retaliation under the FLSA include:

• Firing an employee after they report unpaid wages, stolen tips, or denied overtime.
• Demoting an employee for asking about missing overtime pay.
• Reducing work hours or cutting pay after an employee files a wage complaint.
• Threatening or harassing employees who participate in an FLSA investigation.

Your employer CANNOT fire or punish you for standing up for your wages. If they did, we can fight back.

How Do I Prove My Employer Retaliated Against Me?

To win an FLSA retaliation case, you must prove three key elements:

1. Protected Activity – You reported unpaid wages, stolen tips, or illegal pay practices (to HR, management, or the Department of Labor).
2. Adverse Action – Your employer fired, demoted, cut your pay, or reassigned you to a worse shift after your complaint.
3. Causal Connection – The timing suggests you were punished because of your complaint

• You were fired within 3 months of your complaint.
• The person who fired you knew about your complaint and influenced your termination.
• Your employer suddenly changed their treatment of you after you spoke up.

EXAMPLE: A bartender complains about stolen tips and gets fired the next week. This is likely retaliation under the FLSA.

If you were fired shortly after reporting unpaid wages, this is strong evidence of retaliation.

How to File an FLSA Retaliation Complaint?

If you were fired, demoted, or punished after reporting a wage violation, here’s what to do:

• Document Everything – Keep records of pay discrepancies, wage complaints, and employer responses.
• Request a Written Explanation – Ask your employer why you were fired. If they refuse or give vague answers, this strengthens your case.
• Consult an Attorney – Do NOT sign anything (like severance agreements) before speaking with a lawyer. Employers often try to cover up retaliation.
• File a Formal Complaint – You can file with the Department of Labor or pursue a lawsuit with an employment lawyer.

Kaplan Employment Law will handle the legal fight while you focus on moving forward.

What Compensation Can I Recover for FLSA Retaliation?

If you were fired for reporting wage violations, you may be entitled to:

• Back Pay – Recover lost wages from the time of termination.
• Front Pay – Compensation for future lost earnings.
• Liquidated Damages – Equal to your lost wages, doubling your compensation.
• Emotional Distress – Compensation for mental anguish and stress caused by retaliation.
• Attorney’s Fees – Employers may be required to cover your legal costs.

You deserve compensation for what you lost—let’s fight for it.