7th Circ. Split On FLSA Coverage Of Oral Complaints

Law360, New York (October 16, 2009, 5:12 PM EDT) -- A federal appeals court has opted not to revisit its ruling in a retaliation case from a former Saint-Gobain Performance Plastics Corp. employee, overriding three judges who consider the court’s interpretation of the Fair Labor Standards Act's anti-retaliation statute illogically narrow.

In an opinion handed down Thursday, the majority of the Seventh Circuit’s judges voted to deny Kevin Kasten's petition for a rehearing en banc to reconsider the court’s decision that his verbal complaints were not protected activity under the FLSA.

But Judges Ilana Diamond Rovner,...
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