⚖ Oral Arguments, with Context

We hear oral argument in Stramaski versus Lawley, docket 25-20348, argued before the United States Court of Appeals for the Fifth Circuit in August 2026. The case presents a narrow but important question: whether qualified immunity is available as a defense to an individual capacity retaliation claim brought under the Fair Labor Standards Act. The plaintiff, Eva Stramaski, alleges she was terminated in retaliation for asserting her rights to be paid on time under the FLSA. She sued the defendant, Mark Lawley, in his individual capacity. This appeal follows an earlier Fifth Circuit opinion that remanded the case to the district court to determine whether qualified immunity should be recognized under the FLSA by examining three factors: the historical common law tradition of immunity, the policy justifications underlying qualified immunity, and the statutory scheme Congress enacted. The appellant treats the question as dispositive: on his account, this court has already held that no clearly established law was violated, so recognizing the defense ends the case. The district court concluded that qualified immunity does not apply to FLSA retaliation claims. Lawley now appeals that ruling. At stake is whether public officials facing statutory retaliation claims enjoy the same qualified immunity shield that protects them in constitutional civil rights cases, or whether Congress chose a different balance when it enacted the Fair Labor Standards Act.

Stramaski v. Lawley (No. 25-20348) — U.S. Court of Appeals for the Fifth Circuit, argued August 5, 2026.