Kasten v. Saint-Gobain Performance Plastics Corp.
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What began as a simple workplace complaint over a poorly placed time clock became one of the most influential retaliation decisions in recent employment law history. Kasten v. Saint-Gobain Performance Plastics Corp. clarified a key protection for American workers: employees cannot be fired for raising oral complaints about wage violations under the Fair Labor Standards Act (FLSA).
Case: Kasten v. Saint-Gobain Performance Plastics Corp.
Court: Wisconsin Western District Court
Case No.: 07 C 0686 (W.D. Wis.); 09-834 (U.S. Supreme Court)
The Plaintiff: Kevin Kasten
Kevin Kasten worked for Saint-Gobain Performance Plastics, a manufacturer of high-performance materials used in automotive and industrial applications. During his employment, Kasten began questioning the company’s timekeeping practices—specifically, the placement of time clocks between the changing area and the production floor.
He argued that this setup effectively denied workers pay for the time spent putting on and taking off required protective gear, which could violate the FLSA’s rules on compensable work time. When Kasten complained to management, both orally and in writing, he alleged that his concerns were dismissed.
Shortly thereafter, Kasten was terminated—officially for failing to record his time properly. He believed, however, that the termination was a form of retaliation for his repeated attempts to raise the issue.
The Defendant: Saint-Gobain Performance Plastics Corp.
The defendant in the case, Saint-Gobain Performance Plastics, is a multinational manufacturer. They denied Kasten's allegations and maintained that his termination was based on policy violations, not retaliation. In court, the company argued that even if Kasten had complained, his oral statements didn't constitute “filed” complaints (under the FLSA’s anti-retaliation provision). Their argument hinged on the FLSA's language, which indicates the intention to protect employees who have “filed any complaint.” Saint-Gobain contended that this phrase covered only written complaints; a narrow interpretation that would exclude many informal, verbal reports from legal protection.
A History of the Case: From Wisconsin to the Supreme Court
The district court and Seventh Circuit Court of Appeals initially sided with the employer, agreeing that the FLSA did not extend to verbal complaints. Kasten appealed.
In 2011, the Supreme Court issued a 6–2 decision reversing the lower courts ruling. Justice Breyer, writing for the majority, held that both oral and written complaints are protected under the FLSA’s anti-retaliation provision. The Court reasoned that excluding oral complaints would undermine the Act’s purpose; to protect workers who seek to assert their wage and hour rights, especially those who may lack the literacy or resources to file formal written reports.
Justice Antonin Scalia, joined by Justice Clarence Thomas, dissented, arguing that the plain text of “filed” implied a written document. Nonetheless, the majority opinion established that an oral complaint made to an employer or a government agency is enough to trigger federal anti-retaliation protection.
The Main Question Being Considered: What Constitutes a “Complaint” Under the FLSA?
In Kasten v. Saint-Gobain, the main question was simple but far-reaching: Does the FLSA protect workers who make verbal complaints about wage violations?
The Supreme Court’s answer reshaped labor law enforcement. By confirming that oral complaints count, the Court broadened employee protections and encouraged open communication about wage violations without fear of retaliation.
Employers now face heightened responsibility to take verbal reports seriously, document internal investigations, and avoid punitive action against workers who speak up.
Why Does This Case Matter to California Workers?
California’s wage and hour laws are already among the nation’s strongest. Still, the Kasten decision reinforces a key principle: employees don’t have to put their concerns in writing to be protected.
Under both federal and California law, workers who report labor violations (verbally or in writing) are shielded from retaliation. So if an employee complains about unpaid overtime, missed breaks, or unsafe conditions, firing or disciplining them for speaking up can expose their employer to liability for wrongful termination, retaliation, or whistleblower claims.
For California workers, this case underscores the importance of knowing your rights, and for employers, it highlights the need for consistent policies that treat all employee complaints as protected activity.
FAQ: Kasten v. Saint-Gobain Performance Plastics Corp.
Q: What law was at the center of this case?
A: The case centered on the Fair Labor Standards Act (FLSA), which sets national standards for minimum wage, overtime pay, and worker protections. The dispute focused on the FLSA’s anti-retaliation provision.
Q: What did the Supreme Court decide?
A: The Court ruled that both oral and written complaints about FLSA violations are protected, meaning employees cannot be legally terminated or punished for raising verbal concerns about pay or working conditions.
Q: How does this ruling affect California workers?
A: It strengthens retaliation protections for all employees, aligning with California’s own Labor Code Section 98.6, which similarly protects workers from retaliation when they raise wage and hour concerns—whether the complaint is written or verbal.
If you’ve been retaliated against or wrongfully terminated after reporting wage violations or workplace concerns, the experienced employment law attorneys at Blumenthal Nordrehaug Bhowmik DeBlouw LLP can help at offices in Los Angeles, San Diego, San Francisco, Sacramento, Riverside, and Chicago. Contact our office today for a free consultation and learn how we can help you protect your rights.
