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8 J. Bus. & Tech. L. Proxy 1 (2013)

handle is hein.journals/jbtprxy8 and id is 1 raw text is: ASHLEY SHARIF*

Dellinger v. Science Applications International
Corporation: Missing an Opportunity to Expand
the Meaning of Employee Under the Fair Labor
Standards Act
Court of Appeals for the Fourth Circuit decided whether an applicant for
employment is considered an employee and permitted to sue for retaliation'
under the Fair Labor Standards Act (FLSA).' The court held that because the FLSA's
anti-retaliation provision is a private civil action remedy for employees against their
employers, the provision does not authorize prospective employees to bring claims
against prospective employers.' In reaching this result, the court narrowly defined
the FLSA's use of employee in the Act to exclude prospective employees.5 The
court held that prospective employers do not hold the same duty toward
prospective employees that current or previous employers hold for current or
previous employees.6 In holding, the Fourth Circuit permitted the kind of
retaliatory behavior that the FLSA was enacted to prevent.
The court should have found that the term employee is ambiguous, as used in
the FLSA. Additionally, the court overlooked the fact that the anti-retaliation
provisions of the FLSA state that it is unlawful for any person, not any
employer, to retaliate against an employee who has filed an FLSA claim.9 Finally,
© 2013 Ashley Sharif.
J J.D. Candidate, University of Maryland Francis King Carey School of Law, May 2013; B.A. Journalism,
University of Maryland College Park, May 2008. Thank you to my parents, friends, and fellow Journal of
Business & Technology Law editors. A special thank you to Dean Michelle Harner for help with this case note.
1. Dellinger v. Sci. Applications Int'l Corp., 649 F.3d 226 (4th Cir. 2011), cert. denied, 132 S. Ct. 1542
2. 29 U.S.C. § 215(a) (3) (2006).
3.  Id. § 216(b).
4. Dellinger, 649 F.3d at 231.
5.  Id.
6.  Id.
7. See infra Part IV.
8. See infra Part IV.A.
9. See infra Part IV.B.


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