Dellinger v. Science Applications International Corp.
649 F.3d 226
4th Cir.2011Background
- Dellinger, former FLSA plaintiff, sued her former employer CACI for minimum wage/overtime violations.
- Simultaneously, Dellinger applied to SCI for a job; SCI offered contingent employment subject to clearance.
- Dellinger listed her pending FLSA suit on SCI's security clearance form; SCI subsequently withdrew the offer.
- Dellinger sued SCI in district court alleging retaliation under 29 U.S.C. § 215(a)(3).
- District court dismissed, holding the FLSA retaliation provision covers employees only, not prospective employees.
- Fourth Circuit affirmed; held that only current or former employees may sue for retaliation under the FLSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FLSA §215(a)(3) extends retaliation protection to applicants | Dellinger argued §215(a)(3) protects any employee, including prospective employees. | SCI argued only employees may sue under §216(b) for retaliation and applicants have no such status. | No; retaliation protection is limited to employees. |
| Whether the term 'employee' under the FLSA is ambiguous and includes applicants | Dellinger urged Robinson v. Shell Oil Co. to extend protection to applicants. | SCI contends the statute confines protection to those with an employment relationship. | Term is not extended to applicants; only current/former employees are protected. |
Key Cases Cited
- Robinson v. Shell Oil Co., 519 U.S. 337 (U.S. 1997) (establishes contextual approach to ambiguous employment terms in retaliation.)
- Darveau v. Detecon, Inc., 515 F.3d 334 (4th Cir. 2008) (extends retaliation protections to former employees under FLSA.)
- McLaughlin v. Ensley, 877 F.2d 1207 (4th Cir. 1989) (trainees' status as employees under FLSA discussed; broad reading encouraged.)
- Ball v. Memphis Bar-B-Q Co., 228 F.3d 360 (4th Cir. 2000) (illustrates broad interpretation of remedial provisions.)
- Dunlop v. Carriage Carpet Co., 548 F.2d 139 (6th Cir. 1977) (employee retaliation concept discussed in broader retaliation context.)
- Glover v. City of North Charleston, 942 F. Supp. 243 (D.S.C. 1996) (not included due to lack of official reporter citation in list.)
- Harper v. San Luis Valley Reg'l Med. Ctr., 848 F. Supp. 911 (D. Colo. 1994) (not included due to lack of official reporter citation in list.)