FLSA retaliation before the Supreme Court

On March 22, 2010 the Supreme Court of the US granted cert. to hear the matter of Kasten v. Saint-Gobain Performance Plastics Corp. The issue in front of the Court is as follows: “Is an oral complaint of a violation of the Fair Labor Standards Act (“FLSA”) protected conduct under the anti-retaliation provision, 29 U.S.C. § 215(a)(3)?” Section 15(a)(3) of the Fair Labor Standard Act (“FLSA”) makes it unlawful for an employer “to discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding, under or related to this chapter…”29 U.S.C. § 215(a)(3) (emphasis added). The Court’s ruling in this case will have a significant impact on the rights of individuals who are attempting to stop employers from stealing their wages as it will possibly open another avenue for the aggrieved worker to gain protections.

In this case, Kasten alleges that he was retaliated against in violation of the FLSA when he was terminated after voicing complaints that the location of the employer’s time clocks was illegal under the FLSA. On appeal from the Western District of Wisconsin, the 7th Circuit affirmed the grant of summary judgment to the employer on the grounds that Kasten had not “filed a complaint” within the meaning of Section 15 of the FLSA when he made oral complaints to his employer. The 7th circuit held that while an internal complaint is protected, the complaint must be in written form. Kasten v. Saint-Gobain Performance Plastics Corp. 570 F.3d 834 (7th Cir. 2009).

If the Supreme Court holds that an oral complaint of a violation of the FLSA is enough to trigger protections of the anti-retaliation section of the FLSA, it will certainly open the door for more employees to have their rights protected. It is important to remember; however, that even if the Court holds in favor of expanding the protection to oral complaints, the best practice to prevent retaliation is to express your concerns to your employer in writing.