Kasten v. Saint-Gobain Performance Plastics Corp., No. 08-2820
In an action brought under the Fair Labor Standards Act's retaliation provision, district court judgment against plaintiff is affirmed where: 1) the plain language of 29 U.S.C. sec. 215(a)(3) includes internal complaints as protected activity; and 2) unwritten, purely verbal complaints are not protected activity under the statute as the FLSA's use of the phrase "file any complaint" requires a plaintiff employee to submit some sort of writing.
Appeal from the United States District Court for the Western District of Wisconsin.
Argued April 2, 2009
Decided June 29, 2009
Before Before BAUER and FLAUM, Circuit Judges, and KAPALA, District Judge.
Opinion by FLAUM, Circuit Judge.
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