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Supreme Court Defines 'Complaint' in Wage-Hour Case

By James R. Dye

Sometimes cases turn on a single word or phrase, whether those pivotal words are found in a statute, regulation, rule, handbook or an e-mail. It is a rarity that those singular expressions or phrases have as widespread an impact as the words at issue in a Supreme Court decision issued in March. In a 6-2 ruling (Justice Kagan took no part in the consideration or decision of the case), the 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., No. 09'834, March 22, 2011.

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 the Court's opinion is beneficial.

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