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MINOR v. BOSTWICK LABORATORIES, INC.

No. 10-1258.

669 F.3d 428 (2012)

Kathy P. MINOR, Plaintiff-Appellant, v. BOSTWICK LABORATORIES, INCORPORATED, Defendant-Appellee. Secretary of Labor; Equal Employment Opportunity Commission, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2012.

Attorney(s) appearing for the Case

ARGUED: James B. Thorsen , Marchant, Thorsen, Honey, Baldwin & Meyer, LLP, Richmond, Virginia, for Appellant. Nickole Carrieanna Winnett , United States Department of Labor, Washington, D.C., for Amici Supporting Appellant. King Fitchett Tower , Spilman, Thomas & Battle, PLLC, Roanoke, Virginia, for Appellee. ON BRIEF: P. David Lopez , General Counsel, Lorraine C. Davis , Acting Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Barbara L. Sloan , Equal Employment Opportunity Commission, Washington, D.C.; M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Amici Supporting Appellant. Carrie M. Harris , Spilman, Thomas & Battle, PLLC, Roanoke, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge AGEE joined.

OPINION

DUNCAN, Circuit Judge:

Appellant Kathy Minor appeals from the Rule 12(b)(6) dismissal of her claim under the Fair Labor Standards Act's ("FLSA") antiretaliation provision, 29 U.S.C. § 215(a)(3). The district court held that complaints made within a company are unprotected by the antiretaliation provision, and that because Minor alleged only that her termination was in retaliation for reporting alleged FLSA violations internally to her employer...

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