Lawyers for both sides believe the published opinion in the case, Dellinger v. Science Applications International Corp., is the first ruling on the issue by a federal appeals court.
On Aug. 12, two judges on a 4th Circuit panel affirmed an April 2010 dismissal of Natalie Dellinger’s case against Science Applications. Senior District Judge James Cacheris of the Eastern District of Virginia based his dismissal on the fact that Dellinger is not an employee of Science Applications and the FLSA’s anti-retaliation protections do not extend to prospective employees.
