Retaliation For Oral Complaint Is Covered Under Fair Labor Standards Act Of 1938.

The Fair Labor Standards Act of 1983 forbids employers from discharging an employee because the employee has “filed any complaint” under the Act. Employee orally complained about the illegal location of time clocks which resulted in employees not receiving credit for all the time they were entitled to.  Employer fired employee and he sued under the Act. The District Court dismissed the action holding the Act did not cover oral complaints. The U.S. Supreme Court disagreed. “Any complaint” includes oral complaints.  Kasten v. Saint-Gobain Performance Plastics Corp. (U.S.Supr.Ct.; March 22, 2011) 131 S.Ct. 1325, [179 L.Ed.2d 379, 2011 DJDAR 4131].