Supreme Court Grants Certiorari in Saint Gobain (FLSA Retaliation Case).

Despite the well written amicus curiae filed on behalf of the Secretary of labor:

http://www.dol.gov/sol/media/briefs/kasten(A)-11-18-2008.htm

As well as the EEOC:

http://www.dol.gov/sol/media/briefs/kasten(A)-7-23-2009.htm


The Seventh Circuit had held that under the Fair Labor Standards Act (FLSA) anti-retaliation provision, 29 U.S.C. § 215(a)(3), only written complaints, not oral ones, qualify as protected activity. LAME!!!!

In a nut shell : Kasten alleged that he was discharged in retaliation for making verbal complaints to his superiors that the employer's placement of time clocks violated the Fair Labor Standards Act (FLSA). The FLSA's anti-retaliation provision prohibits an employer from retaliating against an employee because the employee "has filed any complaint...." 29 USC § 215(a)(3).

The 7th Circuit held that "any complaint" includes an employee's internal ("intra-company") complaint. However, the court also held that an employee does not "file" such a complaint in this context when he submits the complaint in purely unwritten form. The court reasoned, "the natural understanding of the phrase 'file any complaint' requires the submission of some writing to an employer, court, or administrative body." LAME!!!!!

The 7th Circuit denied a rehearing en banc. Three judges DISSENTED from the denial of a rehearing, saying that "The court has adopted a construction of the Fair Labor Standard Act's anti-retaliation provision that is unique among the circuits." "[T]he court has taken a position contrary to the longstanding view of the Department of Labor, departed from the holdings of other circuits, and interpreted the statutory language in a way that I believe is contrary to the understanding of Congress."

The United States Supreme Court granted cert March 22nd in Kasten v. Saint Gobain Performance Plastics. McGruff is watching this one, will post as case progresses.
JoeC (McGruff)