On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the FLSA. Previously under Circuit law, an employee had to complain in writing, and to a government agency, in
Second Circuit
Second Circuit Allows After-Acquired Evidence to Support Termination Decision
By David Reid & Evandro Gigante on
On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s termination, to support the employer’s reason for discharging the employee. Weber v. Fujifilm Medical Systems USA, Inc., et al.…