Supreme Court Expands Anti-Retaliation in FLSA Case

Legal Update: Supreme Court Expands Anti-Retaliation in FLSA Case

March 22, 2011

In a 6 - 2 ruling, the Supreme Court clarified the meaning of the words "filed any complaint" from the Fair Labor Standards Act's (FLSA) anti-retaliation provision.

Kasten v. Saint-Gobain Performance Plastics Corp.

Employee Kasten was progressively disciplined for not punching in and out on a company time clock in accordance ...with company policy. A final warning was issued, at which point employee verbally complained to human resources and managers about the location of the timeclock, and that it did not allow enough time for employees to don and doff work attire and punch in on time. Employee was subsequently fired after another incident. Employee filed suit saying he was retaliated against under the FLSA anti-retaliation statute:

“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 this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee”

The Supreme Court determined that the intent of the anti-retaliation statute extends to any form of complaint, both oral and written. Therefore a written complaint is not required. The impact for employers is the scope of what is deemed to constitute a complaint and subsequent actions that could be deemed retaliatory in nature.

What Should Employers Do?

Review timekeeping and anti-retaliation policies.
Establish a consistent policy on addressing both oral and written complaints.
Do not discount comments or complaints during a conversation.
Document conversations or verbal complaints and investigate.
Train managers in how to handle complaints.

This information is provided as a resource only and should not be considered legal advice. Consult with an HR professional or attorney for further guidance.