THE UNITED STATES SUPREME COURT GIVES A BROAD INTERPRETATION TO THE ANTI-RETALIATION PROVISION OF THE FAIR LABOR STANDARDS ACT OF 1938 BY RULING THAT THE PROVISION INCLUDES BOTH WRITTEN AND ORAL COMPLAINTS, BUT DECLINED TO RULE ON WHETHER THE PROVISION COVERS INTERNAL COMPLAINTS MADE TO PRIVATE EMPLOYERS: KASTEN V. SAINT-GOBAIN PERFORMANCE PLASTICS CORP.

JORIE BAGNATO

In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court gave a broad interpretation to the anti-retaliation provision of the Fair Labor Standards Act of 19381 (herein-after referred to as the “Act”) by ruling that the provision punishing employers who discharge employees for filing complaints includes both written and oral complaints. The Court, however, declined to rule on whether that provision strictly covers complaints made to judi-cial or administrative bodies, or if internal complaints made to private employers are also covered under the Act.
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