Oral Complaint

The Second Circuit agrees–an oral complaint to a supervisor may support a retaliation complaint under the FLSA

Posted on May 22, 2015

Back in 2011, the Supreme Court ruled that an oral complaint can serve as the grounds for a retaliation claim under the FLSA. See Kasten v. Saint-Gobain Performance Plastics Corp., 131 S. Ct. 1325 (2011). But in Kasten, the oral complaint was made to a government agency and so the question still remained—what about an oral complaint to a supervisor? In a recent decision, the Second Circuit Court of Appeals joined other circuits (including the Fourth Circuit) and decided that yes, even an oral complaint to a supervisor can provide the foundation for a retaliation claim under the FLSA—as long as it is sufficiently clear and detailed for a reasonable employer to understand it as an assertion of rights protected by the statute and a call for their protection. Greathouse v. JHS Security Inc., No. 12-4521 (April 20, 2015).…

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