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Unlawful Retaliation Lawsuit

Kasten v. Saint-Gobain Performance Plastics Corp.

In Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (2011), Nichols Kaster successfully argued that the law protects employees from retaliation when they verbally complain to their employers about policies or practices that violate wage and hour laws.

Our attorneys brought a lawsuit on behalf of Kevin Kasten, who alleged to have repeatedly complained to his employer about the fact that he had to perform some work before clocking in at the beginning of his shift due to the location of the timeclock, resulting in an off-the-clock violation.

The trial court ruled that Mr. Kasten’s verbal complaints to his employer did not qualify as an activity protected against retaliation. The Seventh Circuit agreed, and Nichols Kaster petitioned the U.S. Supreme Court for review.

In a 6 to 2 decision, the Supreme Court sided with Mr. Kasten and ruled that the law prohibits retaliation when employees verbally complain about possible violations of their wage and hour rights.

“an oral complaint of a violation of the Fair Labor Standards Act is protected conduct under the [Act’s] anti-retaliation provision.”

- Justice Breyer

This was a huge win for employees all over the country, as the Supreme Court’s decision set a new FLSA anti-retaliation standard.

Past results are reported to provide an indication of the type of litigation in which we practice and should not be construed to create an expectation in any other case as all cases are dependent upon their own unique fact situation and applicable law. Any result we might have achieved on behalf of one client does not necessarily indicate similar results can be obtained for other clients.

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