Supreme Court holds FLSA protects employees against retaliation on the basis of oral complaints

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On March 22, 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp. that the FLSA prohibits employers from retaliating against employees on the basis of an employee's oral complaint, but declined to address the employer's alternate argument that the FLSA does not protect employees' complaints made directly to employers, as opposed to the Department of Labor or another governmental agency.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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