Rachel Edelson is a law clerk in the Labor Department and is a member of the Employment Litigation & Counseling Groups.

The Fair Labor Standards Act was one of the earliest American workplace laws to contain an explicit anti-retaliation provision.  Modeled after the anti-retaliation provisions in other New Deal legislation, including the National Labor Relations Act enacted just three years prior, the FLSA’s original text in 1938 made it unlawful “for any person … to discharge