Monday, March 28, 2011

Supreme Court defines "complaint" in significant wage-hour case Fisher & Phillips LLP USA March 22 2011 Sometimes cases turn on a single word or phrase, whether those pivotal words are found in a statute, regulation, rule, handbook or an email. It's a rarity that those singular expressions or phrases have as widespread an impact as the words at issue in a Supreme Court decision issued on March 22, 2011. In a 6 -2 ruling (Justice Kagan took no part in the consideration or decision of the case), the Supreme Court clarified the meaning of the words "filed any complaint" from the Fair Labor Standards Act's (FLSA) anti-retaliation provision. Kasten v. Saint-Gobain Performance Plastics Corp. While employers will not be pleased with the Court's ruling, the opinion adds some much-needed clarity to the issue of what constitutes protected activity under the FLSA's anti-retaliation provision. In the end, both employers and employees may find that Court's opinion is beneficial. When Is A Complaint A "Complaint"? Full Story:

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