The Fair Labor and Standard Act of 1938 ("FSLA") sets forth Federal minimum wage, maximum hour, and over time pay rules. An employer is prohibited from retaliating against an employee who has "filed any complaint" alleging a FSLA violation. A Wisconsin employee, Kevin Kasten, orally complained to his employer about the location of time clocks which he believed prevented workers from receiving credit for time donning and doffing work related gear. The employer discharged Kasten. In a subsequent lawsuit, the U.S. District Court ruled that the FSLA’s retaliation provision only covers written, not oral complaints. The Seventh Circuit Court of Appeal affirmed.
Last week the United States Supreme Court in Kasten v. Saint Globain Performance Plastics Corp. (PDF)held that the scope of the statutory term "filed any complaint" includes oral, as well as written complaints. Justice Steven Breyer writing for the majority stated that the text of the statute alone cannot determine if the phase "filed any complaint" includes oral complaints. In rendering its decision the majority looked at the purpose of the FSLA and the intent of Congress, along with practices of federal administrative agencies. Justice Scalia in a dissent, joined by Justice Thomas, argued that the retaliation statute applies only when an employee makes an official grievance with a court or an agency, not when the employee merely makes a complaint to an employer.
