June 08, 2011 Articles

Supreme Court Rules in Favor of Employees in FLSA Complaint Case

The U.S. Supreme Court held that the statutory phrase "filed any complaint" includes oral as well as written complaints under the FLSA.

By John A. Ybarra and Michael A. Wilder – June 8, 2011

In a 6–2 decision issued on March 22, 2011, the U.S. Supreme Court held, in Kasten v. Saint-Gobain Performance Plastics, Corporation, No. 09-834, that for purposes of the anti-retaliation provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(3), the statutory phrase “filed any complaint” includes oral as well as written complaints within its scope.

The implications of this decision are far-reaching for employers with regard to complaint-and-investigation procedures.

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