Kasten v. Saint-Gobain Performance Plastics Corp.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-834 | 7th Cir. |
Oct 13, 2010 Tr.Aud. |
Mar 22, 2011 | 6-2 | Breyer | OT 2010 |
Holding: For purposes of the anti-retaliation provision of the Fair Labor Standards Act, the term filed any complaint includes both oral and written complaints. (Kagan, J., recused).
Plain English Holding: The Fair Labor Standards Act prohibits retaliation against workers for complaining about violations of the Act even if the complaint is oral rather than written.
Judgment: Vacated and remanded on March 22, 2011. (Kagan, J., recused).
SCOTUSblog Coverage
- Last week at the Court in Plain English
- Opinion analysis: FLSA protects oral complaints
- The Term so far in plain English
- Argument Recap: Court seeks clarity on what counts as a “complaint†under the Fair Labor Standards Act
- Argument preview: The Fair Labor Standards Act and oral complaints
Briefs and Documents
Merits Briefs
- Brief for Petitioner Kevin Kasten
- Brief for Respondent Saint-Gobain Performance Plastics, Corp.
- Reply Brief for Petitioner Kevin Kasten
Amicus Briefs
- Brief for the American Federation of Labor and Congress of Industrial Organizations in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for Lawyers’ Committee for Civil Rights Under Law, Asian American Justice Center, Asian Pacific American Legal Center, Equal Justice Society, National Partnership for Women & Families, and National Women’s Law Center in Support of Petitioner
- Brief for the National Employment Law Project, Interfaith Worker Justice, Legal Aid Society, Legal Momentum, National Domestic Workers Alliance, National Employment Lawyers Association, Restaurant Opportunities Center United, Texas RioGrande Legal Aid, Southern Poverty Law Center, California Rural Legal Assistance, Inc., United Food and Commercial Workers International Union, and the Equal Justice Center in Support of Petitioner
- Brief for the Equal Employment Advisory Council, National Association of Manufacturers, and the National Federation of Independent Business Small Business Legal Center in Support of
Certiorari-Stage Documents
- Opinion below, opinion below denying rehearing (7th Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
Submit Event
