Supreme Court Grants Writ of Certiorari in Overtime Retaliation Lawsuit

On March 22, the US Supreme Court agreed to review the Seventh Circuit’s decision in Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 310 (7th Cir. 2009). In Kasten, the Seventh Circuit held that the FLSA’s anti-retaliation provision, 29 U.S.C. sec. 215(a)(3) does not protect employees who are retaliated against after they make a verbal — rather than a written — wage or overtime complaint to company management. The Seventh Circuit’s opinion contradicts the holdings of other circuit and district courts and, was criticized by three Seventh Circuit judges (Rovner, Wood, and Williams) in a strongly worded dissent from the from the petition for en banc review. See 585 F.3d 310 (7th Cir. 2009).

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