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