Mark & Galusha, Employment Law Attorneys - Springfield, Union County, New Jersey

The U.S. Supreme Court has held in Kasten v. Saint-Gobain Performance Plastics Corp., that an employee’s oral complaints about a Fair Labor Standards Act (FLSA) violation are covered by the anti-retaliation provisions of FLSA and that such complaints do not need to be in writing in order to be protected.  The anti-retaliation provisions of FLSA protect an employee who files a complaint against its employer pertaining to an FLSA violation from retaliatory firings and other discriminatory acts.  29 U.S.C. §215(a)(3).  Specifically, the Court addressed the language of the Act that protects an employee who has “filed any complaint,” and whether this language requires a written complaint to be made to trigger the protection of the Act. 

The Court did not determine whether the anti-retaliation provisions of the FLSA would apply to a complaint made to the employer rather than to a government agency.  This question was left unanswered and is likely to be raised in the future in other litigation. 

Mark & Galusha, Lawyers handling employment matters in Springfield and Berkeley Heights, Union County, New Jersey

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