Greathouse v. JHS Security, Inc.: the Second Circuit Correctly Held That Intracompany Complaints to Employers are Protected Under the Fair Labor Standards Act
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Authors
Ryan, Julie
Issue Date
2016
Volume
50
Issue
1
Type
Journal Article
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Abstract
INTRODUCTION|In Kasten v. Saint-Gobain Performance Plastics Corp. the United States Supreme Court cleared up the issue of whether oral complaints, in addition to written complaints, were protected under the anti-retaliation provision of the Fair Labor Standards Act ("FLSA") by ruling in the affirmative. Although the facts of Kasten involved an employee who made an oral complaint directly to his employer Saint Gobain, the Supreme Court denied considering the legal question of intracompany complaint protection because the matter had not been raised on its own in the certiorari briefs. Because the Supreme Court has never decided whether complaints made to employers are afforded protection under section 215(a)(3) of the FLSA, lower courts are left to determine that issue. Circuits have split on the issue, but certain circuits support intracompany complaints under the FLSA...
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Publisher
Creighton University School of Law