Retaliation And Oral Complaints About Unpaid Wages

clocking-in-out-wages-complaint-retaliationIn 2011, the US Supreme Court held in Kasten v Saint-Gobain Performance Plastics Corporation (2011) that even oral complaints by employees about not being properly compensated constitute a protected activity within the meaning of anti-retaliation laws. In that case, the plaintiff brought a retaliation lawsuit against his employer under section 213(a)3 of the Fair Labor Standards Act (FLSA). The claim was based on the fact that Plaintiff was terminated shortly after complaining to his management about the location of the time clocks, which prevented him and his co-workers from claiming time and being compensated for the time spent putting on uniform before performing his job duties and taking uniform off after performing the job duties (i.e. the time clock was located between the area where the employees were changing and the area where they were actually performing their duties.

The court analyzed the language of section 213 and reasoned that it forbids employers from terminating any employee because such employee has “filed any complaint“. The Court interpreted “any” to include both written and oral complaints. The Court also found the Defendants’ argument that “filed” means referring to a written complaint only to not be persuasive, concluding that when the legislature included the term “filed” into the law, it did not intend to mean that it had to be filed in writing, but the complaint only had to be actually made.

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