Overtime Retaliation – Oral Complaints are Sufficient

On March 22, 2011, the United States Supreme Court ruled that an oral complaint by an employee of a violation of the federal wage and hour laws (knows as the Fair Labor Standards act “FLSA”) is sufficient to support a claim for retaliation in violation of the FLSA.  The FLSA prohibits retaliation for “filing a complaint” of a violation of the wage and hour laws.  The Supreme Court determined that “filing a complaint” can be done orally and is not required to be in writing.  See Kasten v. Saint-Gobain Perf. Plastics Corp.

March 23, 2011 – Castronovo & McKinney – Tom McKinney

Thomas A. McKinney, Esq.

Thomas A. McKinney, Esq. is an experienced New Jersey Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. If you have questions about this article, contact Thomas today by clicking here.