Kasten v. Saint-Gobain Performance Plastics Corp.

Kasten sued his employer, alleging unlawful retaliation for lodging oral complaints regarding the location of time clocks under the Fair Labor Standards Act, 29 U.S.C. 215(a)(3). Kasten complained that the time clocks were placed in locations which caused him to frequently forget to punch in, notifying his supervisors on at least five occasions that the location away from the donning and doffing area was “illegal.” Kasten failed to punch in on several occasions, violating company policy. He was suspended and ultimately terminated. The district court granted summary judgment for the employer on the ground that oral complaints do not constitute protected activity under the FLSA; the Seventh Circuit affirmed. On certiorari, the Supreme Court vacated, holding that oral complaints may qualify as protected activity where they provide “fair notice” that an employee is asserting rights under the FLSA. On remand, the district court concluded that Kasten’s oral complaints did in fact provide “fair notice,” but concluded that Kasten had failed to create a dispute of material fact regarding causation and granted the employer summary judgment. The Seventh Circuit reversed and remanded, finding that Kasten has provided evidence which would support a jury inference of retaliation. View "Kasten v. Saint-Gobain Performance Plastics Corp." on Justia Law