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

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