WASHINGTON, D.C. - (Mealey's) The Fair Labor
Standards Act's anti-retaliation provision applies to complaints that are filed
orally and written, the U.S. Supreme Court majority ruled Mar. 22 (Kevin
Kasten v. Saint-Gobain Performance Plastics Corporation, No. 09-834, U.S.
Sup.; See November 2010, Page 5) (lexis.com subscribers may access Supreme Court briefs for this case).
"A narrow interpretation would undermine the Act's basic
objective, which is to prohibit 'labor conditions detrimental to the
maintenance of the minimum standard of living necessary for health, efficiency,
and general well-being of workers,' 29 U.S.C. §202(a)," Justice Stephen G.
Breyer wrote for the majority.
However, the majority declined to consider an alternate
argument by the employer in the present case that the Fair Labor Standards Act
(FLSA) anti-retaliation provision applies only to complaints filed with the
Chief Justice John G. Roberts Jr. and Justices Anthony M.
Kennedy, Ruth Bader Ginsburg, Samuel Anthony Alito Jr. and Sonia Sotomayor
joined in the majority opinion.
Kevin Kasten worked at Saint-Gobain Performance Plastics
Corp.'s Portage, Wis., facility. On Feb. 13, 2006,
Kasten received a verbal warning for failure to properly clock in and
out. Kasten received written warnings for the same violation on Aug. 31,
2006, and Nov. 10, 2006.
Between October and December 2006, Kasten claimed that he
lodged a number of complaints with his supervisor regarding the location of the
company's time clocks. He claimed that the location prevented employees
from being paid for time spent donning and doffing protective gear.
Saint-Gobain claimed that Kasten never complained about the clock locations.
Kasten was suspended Dec. 6, 2006, for again violating
the company's time-clock policy and was terminated five days later.
Kasten sued Saint-Gobain in the U.S. District Court for
the Western District of Wisconsin, alleging that he was terminated in
retaliation for his complaints about the placement of the time clocks.
Judge Barbara B. Crabb granted the defendant's motion for summary judgment,
finding that Kasten never "filed any complaint" about the location of the time
clocks. The Seventh Circuit U.S. Court of Appeals affirmed Judge Crabb's
ruling, finding that FLSA complaints must be written.
Kasten petitioned the Supreme Court in January 2010.
Dissenting, Justice Antonin Scalia opined that Kasten's
suit fails because the FLSA's anti-retaliation provision does not cover any
sort of complaints to an employer. "The plain meaning of the critical
phrase and the context in which [it] appears make clear that the retaliation
provision contemplates an official grievance filed with a court or an agency,
not oral complaints - or even formal, written complaints - from an employee to
an employer," he opined.
Justice Clarence Thomas joined in the entire dissent
except a single footnote.
Justice Elena Kagan took no part in the consideration or
decision of the case.
[Editor's Note: Full coverage will be in the April
issue. In the meantime, the opinion is available at www.mealeysonline.com or
by calling the Customer Support Department at 1-800-833-9844. Document
#73-110408-003Z. For all of your legal news needs, please visit www.lexisnexis.com/mealeys.]
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