Labor & Employment Law

SCOTUS: Is an oral complaint protected conduct under FLSA's anti-retaliation provision?

The US Supreme Court hears oral argument on October 13 in Kasten v. Saint-Gobain Performance Plastics. [Details, briefs]

Kasten sued the employer, asserting a retaliation claim under the Fair Labor Standards Act (FLSA). The trial court granted summary judgment in favor of the employer. The 7th Circuit affirmed and denied rehearing en banc. The US Supreme Court granted certiorari to review the 7th Circuit judgment, and hears oral arguments on October 13.

Kasten alleged that he was discharged in retaliation for making oral complaints to his superiors that the employer's placement of time clocks violated the FLSA. The FLSA's anti-retaliation provision prohibits an employer from retaliating against an employee because (among other things) the employee "has filed any complaint...." 29 USC Section 215(a)(3).

The 7th Circuit held that "any complaint" includes an employee's internal ("intra-company") complaint. However, the court also held that an employee does not "file" such a complaint in this context when he submits the complaint in purely unwritten form.

Question Presented in the certiorari petition:

Is an oral complaint of a violation of the Fair Labor Standards Act protected conduct under the anti-retaliation provision, 29 U.S.C. § 215(a)(3)?

Full post as published by Ross' Employment Law Blog on October 12, 2010 (boomark / email).