The Supreme Court recently ruled that the FLSA’s anti-retaliation provision protects oral complaints regarding issues “under or related to [the FLSA].” 29 U.S.C. § 215(a)(3). However, the Court of Appeals for the Eighth Circuit recently affirmed a District Court’s ruling that such anti-retaliation protections did not extend to a complaint about an employer’s policy regarding paid time
internal complaints
New York Federal Court Reiterates Second Circuit’s Narrow View of Protected Activity for Purposes of FLSA Retaliation Claims
By Noel P. Tripp on
Posted in Retaliation
As previously discussed, last March the Supreme Court ruled that the FLSA’s anti-retaliation provision protects “informal” complaints, i.e., unwritten complaints alleging violation of the FLSA are protected activity to support a retaliation complaint. Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834 (Mar. 22, 2011). However, the Court declined to resolve the open issue of…