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When an employer violates the labor laws, employees may feel like there is no point in speaking up and rocking the boat. But the new decision by the Supreme Court protects another area of complaints against an employer. An oral complaint from an employee about employers violating the FLSA is protected under the labor laws.
This ruling gives the federal wage and hour laws more teeth, and gives employees another reason to speak up if their employer has violated the law. The Fair Labor Standards Act protects employees from termination or discrimination if they complain about an employer violating wage and labor laws. Visit our Video Library to learn more about employee FLSA protections.
The ruling came in the case Kasten v. Saint-Gobain Performance Plastics, where Kasten complained verbally to supervisors and upper management that the location of the time-clocks prevented employees from getting their time credited for putting on and off their work uniforms. Kasten was terminated and hired an employment attorney to file a lawsuit against Saint-Gobain, claiming that he suffered employer retaliation in violation of the FLSA's anti-retaliation provisions.
Saint-Gobain responded that Kasten did not make a significant complaint and stated that the company terminated him based on his repeated failure to record his hours worked. Saint-Gobain argued that FLSA anti-retaliation provisions require complaints to be in writing, and that the employee's complaints against the employer were oral. The new Supreme Court opinion on the FLSA provisions states that oral complaints are protected activity under the federal labor laws.
If your employer has violated the wage and labor laws, you may feel angry and don't know if there is anything you can do about it. You have protections under the FLSA and contacting an employment lawyer is a step towards getting your rightful wages. Our FAQ section has answers to common questions, and our videos can give you more information to questions, including: Will I be Fired if I Speak Up?
Our firm is in Texas, but we maintain a national practice. Order a FREE copy of the 10 Biggest Mistakes that can Hurt Your Overtime and Wage Claim today to get insider information your employer doesn't want you to know.
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