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Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory
النسخة 16الرقم المعياري الدولي: 978-0077733711Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory
النسخة 16الرقم المعياري الدولي: 978-0077733711 تمرين 1
The Fair Labor Standards Act of 1938 (FLSA) sets forth mandatory employment rules concerning minimum wages, maximum hours, and overtime pay for certain employees. The FLSA also contains an antiretaliation provision that forbids employers from
discharge[ing] or in any other manner discriminat[ing] against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the FLSA].... (Emphasis added.)
Kevin Kasten brought an antiretaliation lawsuit against his former employer, Saint-Gobain Performance Plastics Corp., claiming Saint-Gobain fired him after he had orally complained that a practice by Saint-Gobain violated the FLSA. Saint-Gobain argued that Kasten's antiretaliation claim had to fail because he had not "filed" a complaint. Saint-Gobain argued that the FLSA antiretaliation provision only protects employees who make written complaints. Given the italicized language above and the purpose of the antiretaliation provision, is Saint-Gobain correct?
discharge[ing] or in any other manner discriminat[ing] against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the FLSA].... (Emphasis added.)
Kevin Kasten brought an antiretaliation lawsuit against his former employer, Saint-Gobain Performance Plastics Corp., claiming Saint-Gobain fired him after he had orally complained that a practice by Saint-Gobain violated the FLSA. Saint-Gobain argued that Kasten's antiretaliation claim had to fail because he had not "filed" a complaint. Saint-Gobain argued that the FLSA antiretaliation provision only protects employees who make written complaints. Given the italicized language above and the purpose of the antiretaliation provision, is Saint-Gobain correct?
التوضيح
موثّق
موثّق
The U.S. Supreme Court held that one who makes an oral complaint to his employer about a supposed violation of the Fair Labor Standards Act (FLSA) is protected by the "filed any complaint" language in the FLSA's anti retaliation provision.
In addition, the statute calls for the filing of "any complaint," not just written ones. It also noted that the legislative purpose of vindicating the rights of employees, including those who are illiterate, less educated, and overworked.
Therefore, cannot be retaliated against by the employer for having made the complaint. The Court began with the text of the statute, finding that the word "filed" has different meanings in different contexts.
In addition, the statute calls for the filing of "any complaint," not just written ones. It also noted that the legislative purpose of vindicating the rights of employees, including those who are illiterate, less educated, and overworked.
Therefore, cannot be retaliated against by the employer for having made the complaint. The Court began with the text of the statute, finding that the word "filed" has different meanings in different contexts.
Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory
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