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FIGLEY v. W.S. INDUS.

No. 10-1271.

801 N.W.2d 602 (2011)

Daniel FIGLEY, Plaintiff-Appellant/Cross-Appellee, v. W.S. INDUSTRIAL, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Iowa.

May 25, 2011.

Attorney(s) appearing for the Case

Dorothy A. O'Brien , of Brooke & O'Brien, Davenport, for appellant.

Thomas R. Current , Clinton, and Jeffrey Craig Miller , and Duncan Alexander Young , Omaha, Nebraska, for appellee.

Heard by EISENHAUER, P.J., and POTTERFIELD and TABOR, JJ.

TABOR, J.

In this case, we must determine whether a company's counterclaim against its former employee qualifies as an adverse action for purposes of stating a claim for retaliatory litigation under the Federal Fair Labor Standards Act (FLSA) and the Iowa Wage Payment Collection Act (IWPCA). Because the employee failed to show that the company's counterclaim against him was baseless, the counterclaim did not amount to an adverse action for purposes of stating a retaliation...

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