• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Oral complaints count under FLSA, says High Court

Tim Gould
by Tim Gould
March 25, 2011
2 minute read
  • SHARE ON

In its third major pro-employee decision of 2011, the Supreme Court has ruled that employees don’t have to submit written complaints in order to be protected from retaliation under the Fair Labor Standards Act.
The case involved Kevin Kasten, who worked at the Saint-Gobain Performance Plastics Corp. plant in Portage, WI.
Kasten complained to his supervisors about the legality of the location of Saint-Gobain’s time clocks — they were placed in a spot that prevented employees from being paid for time spent donning and doffing their required protective gear.
Kasten said he made several oral complaints to various supervisory personnel, including an HR representative.
After being disciplined several times for “issues with punching in and out,” Kasten was fired. He sued, claiming he’d been let go in retaliation for objecting to the location of the time clocks.
Statute says: ‘filed any complaint’
Both federal district and appeals courts found in favor of the company, saying the FLSA requires employees to file complaints in writing.
Kasten was therefore out of luck: No documentation, no valid complaint.
But the Supreme Court overturned those decisions.
The statute guarantees retaliation protection to an employee who “has filed any complaint” about an alleged violation of the FLSA, Justice Stephen Breyer wrote.
Thus, “we must decided whether the statutory term ‘filed any complaint’ includes oral as well as written complaints within its scope. We conclude that it does.”
For a look at the full Supreme Court decision, go here.
Wider options and more work
This decision’s not good news for employers. First of all, it simply widens employees’ options for filing retaliation lawsuits — and you’ve no doubt heard about the recent epidemic of such cases.
On a more practical level, though, it means a greater burden of care and caution on the part of both supervisors and HR pros. Now, FLSA complaints of all stripes — informal, offhand or official — need to be addressed formally.
Yet another topic for your manager training sessions.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader