Have you been fired for requesting overtime pay?
The law protects you from being retaliated against based on complaints for overtime pay violations. They key issues are whether or not overtime pay was required, and how was the employee’s complaint handled.
The law protects you from being retaliated against based on complaints for overtime pay violations. The antiretaliation provision under the Fair Labor Standards Act (FLSA) makes it unlawful for an employer “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” 29 U.S.C. § 215(a)(5).
The U.S. Supreme Court has confronted the issue of whether verbal complaints are protected by the antiretaliation provisions of law. In Kasten v. Saint-Gobain Performance Plastics, Corp, the U.S. Supreme Court confronted the issue of whether an employee who has made verbal complaints about possible overtime pay violations to his supervisors has “filed any complaint” under the FLSA.
Let’s examine the facts one case involving verbal complaints of overtime pay violations. Employees at Saint-Gobain, a company that manufactures high performance plastic materials, were required to use a time card to swipe in and out of an on-site time clock. Employee Kevin Kasten received discipline several times for failing to properly swipe in and out, and the Company eventually terminated him for the infractions. Kasten alleged that prior to being fired, he had verbally complained to several supervisors about the legality of the location of the time clocks. Specifically, he told his supervisors that the location of the time clocks prevented employees from being paid for time spent donning and doffing their protective gear.
Was overtime pay required and how was the employee’s complaint handled? Under the Fair Labor Standards Act (“FLSA”) 29 U.S.C. § 201 et. seq., employers are required in some cases to pay employees for time spent donning and doffing special gear. After being fired, Kasten filed suit for retaliation under the FLSA. The FLSA antiretaliation provision makes it unlawful for an employer “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” 29 U.S.C. § 215(a)(5).
Doesn’t the employee’s verbal complaint in the case protect them from being terminated? The district court and Seventh Circuit held that the FLSA’s anti-retaliation provision required the filing of a written complaint, and that verbal complaints were insufficient to support a retaliation claim. In reversing these court decision, the U.S. Supreme Court held that verbal complaints support a claim for retaliation under the FLSA.
What was the U.S. Supreme Court’s reasoning that verbal complaints are protected? When read as a whole, the FLSA does not definitively answer whether “filed any complaint” contemplates only written complaints. In reaching its decision the U.S. Supreme Court reasoned that dictionary definitions as well as other statutes suggest that the phrase should be construed broadly to include verbal as well as written complaints. In addition, the U.S. Supreme Court viewed such a narrow reading of the language to protect only those who filed formal written complaints (as opposed to verbal complaints) as undermining the purpose and policies of the FLSA. Finally, the U.S. Supreme Court indicated that deference is due to the interpretation of the Department of Labor, the body which administers the FLSA. The DOL has consistently held that “filed any complaint” encompasses both oral and written complaints.
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