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Oral Complaints Can Provide Basis for FLSA Retaliation Claim by Nexsen Pruet LLC - Columbia Office
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May 15, 2012
Previously published on May 13, 2012
The United States Supreme Court recently ruled that the anti-retaliation provision of the Fair Labor Standards Act (FLSA) extends to an employee’s oral complaints. The anti-retaliation provision, 29 U.S.C. § 215(a)(3), makes it illegal for an employer “to discharge or in any other 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 [the FLSA]...” (emphasis added). In Kasten v. Saint-Gobain Performance Plastics Corp., 131 S.Ct. 1325 (2011), the Court held that the term “any complaint” includes oral and written complaints. The decision in Kasten continues a recent trend of rulings that have expanded employment-related anti-retaliation laws.
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