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.