Kasten v. Saint-Gobain Performance Plastics Corp.

Kasten brought an anti-retaliation suit against his former employer, Saint-Gobain, under the Fair Labor Standards Act of 1938, which provides minimum wage, maximum hour, and overtime pay rules; and which forbids employers "to discharge... any employee because such employee has filed any complaint" alleging a violation of the act, under 29 U. S. C. §215(a)(3). In a related suit, the federal District Court found that Saint-Gobain violated the act by placing timeclocks in a location that prevented workers from receiving credit for the time they spent donning and doffing work-related protective gear. In this suit, Kasten claimed that he was discharged because he orally complained to company officials about the timeclocks. The District Court granted Saint-Gobain summary judgment, concluding that the Act's anti-retaliation provision did not cover oral complaints. The Seventh Circuit Court of Appeals affirmed.^[1]

The Supreme Court issued an opinion on March 22, 2011. The court reversed including oral complaints within the statute's reference to "any complaint".^[1]