Last July, I reported on Kasten v. Saint-Gobain Plastics, in which the 7th Circuit held that the anti-retaliation provision of the Fair Labor Standards Act does not cover unwritten, verbal wage and hour complaints. At the time, I said:
Employers should not get overly excited about this decision. The 7th Circuit’s holding in Kasten appears to be the minority view. Indeed, the 6th Circuit [has] found that an employee’s oral complaints to a supervisor were protected. Employers act at their own peril if they fire employees who make oral wage and hour internal complaints.
This week, the Supreme Court agreed to review the Kasten decision. Some time next year we’ll get the final say on whether the FLSA covers oral complaints. In the meantime, here’s what my fellow bloggers have to say about this important development:
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Retaliation and the FLSA: U.S. Supreme Court Grants Cert – from Molly DiBianca at the Delaware Employment Law Blog
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Supreme Court to Decide Whether Complaint Must be Written in Order to Be Covered under the FLSA's Anti-Retaliation Provision – from Wage & Hour Counsel
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Supreme Court to Decide Whether Complaint Must be Written in Order to Be Covered under the FLSA's Anti-Retaliation Provision – from Washington D.C. Employment Law Update
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Retaliation for Oral Wage Complaints Now up to the Supreme Court – from Maryland Employment Law Developments
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Supreme Court To Hear Another Retaliation Case: Do Oral Complaints Receive Protection – from Dan Schwartz’s Connecticut Employment Law Blog
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Supreme Court Grants Cert in Saint Gobain FLSA Case – from Paul M. Secunda at the Workplace Prof Blog
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Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834 (U.S. S. Ct. Mar. 22, 2010) – from Daily Developments in EEO Law
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Oral Complaints as Protected Conduct Under the FLSA – from Fitzpatrick on Employment Law
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SCOTUS to decide whether oral complaint is protected conduct under FLSA ant-retaliation provision – from LawMemo Employment Law Blog
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Another Retaliation Case in the Supreme Court: Deja Vu All Over Again? – from Michael Fox’s Jottings By An Employer's Lawyer
The other big story of the week – also at the Supreme Court – was the oral argument in New Process Steel v. NLRB, which will decide the legality of decisions rendered over the last couple of years by a two-member NLRB. The following blogs have this issue covered from every angle:
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NLRB Member Schaumber Expresses Concern, Suggests Alternative Labor Law Reforms – from EFCA Report
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Supreme Court Hears Oral Arguments Over Legality of Two-Member NLRB Decisions – from Washington Labor & Employment Wire
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2-Member NLRB Hits SCOTUS – from Lawffice Space
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Reading the Tea Leaves of New Process Steel Oral Argument – from Workplace Prof Blog
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SCOTUS oral argument on authority of two-Member NLRB to decide cases – from LawMemo Employment Law Blog
In other developments this week…
Social Media
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Who's the Mayor of Your Company? What Employers Need to Know About Location-Based Networks Like Foursquare – from Dan Schwartz’s Connecticut Employment Law Blog
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Facebook More Popular Than Google: E-discovery Implications – from Ride The Lightning
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Social Media Sites: A Useful Tool For Exposing Violent Employees? – from Prima Facie Law Blog
Labor Relations
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Looking More Likely Becker Will Be Recessed Appointed to the NLRB – from Workplace Prof Blog
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BREAKING: Sen. Tom Harkin Confirm’s Craig Becker Easter Recess Appointment to NLRB – from LaborUnionReport.com
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Reports Claim Craig Becker Likely to Receive Recess Appointment – from Washington D.C. Employment Law Update
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NLRB Nominee Craig Becker Back in the Spotlight – from WorkplaceHorizons
Harassment & Investigations
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Top 10 Workplace Investigation Snafus and Fubars (Part 1) andTop 10 Workplace Investigation Snafus and Fubars (Part 2) – from Minnesota Labor & Employment Law Blog
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When it comes to harassment complaints, too little too late can be fatal – from Sindy Warren at the Warren & Hays Employment Law Blog
EEO & Discrimination
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$10K to be had “just by rattling the saber of age discrimination” – from Overlawyered
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Diversity Training Gone Wrong? – from The Word on Employment Law with John Phillips
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The Importance of Statistical Evidence - Randall v Rolls Royce – from Stephanie R. Thomas, Ph.D.
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Inquiry into Person’s Medical History can Result in a Private Right of Action – from San Antonio Employment Law Blog
HR Stuff
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Business Travelers Are Landing In Hot Water At Work – from Workplace Diva
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Let’s Stop Blaming Lawyers For Business Decisions – from YourHRGuy.com
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12 Management Mistakes That Make a Lawyer’s Day – from HR Daily Advisor
Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.