Monday, March 28, 2011

Are Internal FLSA Complaints Protected After Kasten?

Last week, the Supreme Court held in Kasten v. St. Gobain that the FLSA's antiretaliation provision protects oral complaints. Check out my latest ELinfonet entry: FLSA Protects Oral Complaints, But What About Internal Complaints? The post provides my best guess as to how courts will apply the FLSA antiretaliation provision when employees complain directly to their private employers.

Tune in to Lawffice Space later today for a post covering how federal courts in Pennsylvania have addressed this issue (every district court in PA has already addressed it).

Finally, Bob Fitzpatrick has a great post on his blog, Fitzpatrick on Employment Law. Check it out for a nice summary of the holding in Kasten as well as some nice analysis of how this case may impact jury instructions moving forward.

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.