Kasten v. Saint-Gobain Performance Plastics, Corp.
Issues
Does the Fair Labor Standards Act's anti-retaliation provision, which protects employees who file complaints against their employers from retaliatory firings and other discriminatory acts, apply in the case of an employee who lodges an oral, rather than a written, complaint?
Petitioner Kevin Kasten sued his employer, Saint-Gobain Performance Plastics, Corp., alleging that Saint-Gobain terminated his employment in retaliation for his oral complaints regarding the location of the company's time clocks. Kasten alleges that Section 215(a)(3) of the Fair Labor Standards Act protects employees who make oral complaints from employer retaliation. However, Saint-Gobain asserts that Section 215(a)(3) only protects written complaints made to governmental authorities. The Seventh Circuit held that Section 215(a)(3) only protects written employee complaints. The Supreme Court’s decision will affect several aspects of the employer-employee relationship, including informal dispute resolution procedures in the workplace and employees’ abilities to raise their grievances without fear of retaliation.
Questions as Framed for the Court by the Parties
Is an oral complaint of a violation of the Fair Labor Standards Act protected conduct under the anti-retaliation provision, 29 U.S.C. § 215(a)(3)?
Petitioner Kevin Kasten worked for Respondent Saint-Gobain Performance Plastics ("Saint-Gobain"), a company that manufactures high performance plastic materials, from October 2003 through December 2006. See Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834, 836 (7th Cir.
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Additional Resources
· Wex: Fair Labor Standards Act
· Workplace Prof Blog: Supreme Court Grants Cert in Saint Gobain FLSA Case (Mar. 22, 2010)
· Law.com, Tresa Baldas: High Court to Decide Whether Anti-Retaliation Shield Protects Only Those Who Complain in Writing (Mar. 25, 2010)