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The "Write" Way to Complain?

It is autumn once again, and with it comes new seasons for the NFL, NBA, NHL and, of course, the Supreme Court. Granted, excitement over the new term may not quite reach the same level as a Lakers-Heat game or a Jets-Patriots rivalry, but the new term does have a lot to offer the business community, starting with a case that was argued in October: Kasten v. Saint-Gobain Performance Plastics Corp.

The question presented in Kasten is whether the anti-retaliation provision of the Fair Labor Standards Act (FLSA) can be triggered by an internal, intra-company oral complaint. The issue is undoubtedly significant to employers covered by the FLSA (and to their in-house counsel), as the Court's decision may require those employers to modify their employee training programs, complaint processing procedures and other FLSA compliance practices.

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Matthew Ingber

Matthew Ingber is a litigation partner at Mayer Brown.

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