« Cert granted on Section 301 suit: tortious interference and duty to arbitrate | Main | Third nomination to NLRB »
Internal complaints are protected activity under FLSA, but must be in writing
July 01, 2009 by Ross Runkel at LawMemo
The 7th Circuit says the FLSA prohibits retaliation for internal complaints about FLSA violations, but only if those complaints are in writing.
Kevin Kasten sued his former employer, asserting a retaliation claim under the Fair Labor Standards Act (FLSA). The trial court granted summary judgment in favor of the employer. The 7th Circuit affirmed. Kasten v. Saint-Gobain Plastics (7th Cir 06/29/2009).
Kasten alleged that he was discharged in retaliation for making verbal complaints to his superiors that the employer’s placement of time clocks violated the FLSA.
The FLSA’s anti-retaliation provision prohibits an employer from retaliating against an employee because (among other things) the employee “has filed any complaint....” 29 USC Section 215(a)(3).
The court held that “any complaint” includes an employee’s internal (“intra-company”) complaint. The court noted that the majority of the circuits to consider this issue have arrived at the same conclusion.
However, the court also held that an employee does not “file” such a complaint in this context when he submits the complaint in purely unwritten form. The court reasoned, “the natural understanding of the phrase ‘file any complaint’ requires the submission of some writing to an employer, court, or administrative body.” The court observed that there exists a split among the circuits on this issue.
EEOC | NLRB | Supreme Court | Employment Law Blog | Arbitration Blog | Employment Law 101
