Overtime Retaliation Appeal Fails For Lack of Formal Complaint

May 23, 2019, 8:47 PM UTC

A former customer service representative who said her online restaurant supply company employer retaliated against her for complaining about their pay practices lost her appeal at the Sixth Circuit May 23.

Brittany Rogers claimed that the Webstaurant Store Inc. fired her because she lodged complaints about not getting paid one-and-a-half times her base rate of pay for her overtime hours. Webstaurant said it fired her for performance and attitude problems.

Rogers’s claims failed because her messages to the company about her dissatisfaction with her pay lacked formality, Judge Amul Thapar said in an unpublished opinion for the court. She didn’t ...

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