On March 22, 2011, the Supreme Court announced its decision in Kasten v. Saint-Gobain Performance Plastics Corp. The question in this case was whether an employee's oral complaint to his employer, in which the employee alleged violations of the Fair Labor Standards Act, was conduct protected under the anti-retaliation provisions of that Act.
In an opinion delivered by Justice Breyer, the Court held by a vote of 6-2 that oral complaints are conduct protected under the anti-retaliation provision of the Fair Labor Standards Act. Chief Justice Roberts and Justices Kennedy, Ginsburg, Alito, and Sotomayor joined Justice Breyer's opinion. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined except for footnote 6. Justice Kagan did not participate in the consideration or decision of the case.
To discuss the case, we have Elizabeth K. Dorminey, who is Of Counsel with Wimberly, Lawson, Steckel, Schneider & Stine P.C.