Spoken wage complaints
Kasten v. Saint-Gobain Performance Plastics
In brief
The Supreme Court said spoken complaints can qualify for protection, wiped out the Seventh Circuit's ruling, and sent the case back without deciding whether Saint-Gobain punished Kasten unlawfully.
- Where it stands
- Decided
Decided 6-2 · March 22, 2011 · Opinion by Justice Breyer
- What it’s about
- Kevin Kasten alleged that Saint-Gobain fired him for complaining about the placement of its time clocks.
- Who it affects
- For employees covered by the Act, a complaint cannot be excluded from protection simply because the employee spoke it instead of writing it.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that the Fair Labor Standards Act protects oral as well as written complaints, wiped out the Seventh Circuit’s ruling (vacated it), and sent the case back to the lower court (remanded it) without deciding whether Saint-Gobain retaliated unlawfully.
The Fair Labor Standards Act protects employees from retaliation for complaining about violations of the statute.
Question presented
The Fair Labor Standards Act protects employees from retaliation for complaining about violations of the statute. Does the protection apply only if the complaint is in writing?
What the Court decided
Holding
The scope of statutory term “filed any complaint” includes oral, as well as written, complaints. 570 F. 3d 834, vacated and remanded.
- Result
- Vacated
The Court's reasoning
The Court read the Act's phrase about filing a complaint to include spoken complaints as well as written ones.
The vote
From the opinions
“I would affirm the judgment on the ground that §215(a)(3) does not cover complaints to the employer at all.”
What's next
The case returns to the Seventh Circuit, which will take it up under the rule that spoken complaints can qualify for protection. Whether Saint-Gobain unlawfully punished Kasten remains undecided.
Each side's argument
- Kevin Kasten
- Kasten argued that the law protected his spoken complaint to Saint-Gobain.
- Saint-Gobain Performance Plastics Corporation
- Saint-Gobain argued that only written complaints made to a court or government agency were protected.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: question_presented, extraction_metadata
Case data updated: summary, question_presented, generation_metadata
Audio Recording added: Oral Arguments - Kasten
Opinion added: Kasten
More questions
- What did Justice Scalia argue?
- He argued that the Act's protection did not cover complaints made directly to an employer at all.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.