In Kasten v. Saint-Gobain Performance Plastics Corp., a Federal Court of Appeals rejected an employee's retaliation claim on the grounds that his verbal complaint that his employer was violating the FLSA was not a "protected activity." The Court concluded that under the plain language of the FLSA employers are prohibited from retaliating against an employee who has "filed any complaint" that asserts rights under the statute, and the Court interpreted this to mean that only those employees who file written complaints--not those who merely make oral complaints--are protected from retaliation. This is different from other employment civil rights laws, like Title VII, that prohibit retaliation in response to both written and oral complaints of unlawful conduct. A copy of the decision can be read here.
If you would like more information on defending FLSA claims please visit the Farrell & Gunderson website and contact Eric W. Gunderson.
If you would like more information on defending FLSA claims please visit the Farrell & Gunderson website and contact Eric W. Gunderson.
Posts
