---
title: "Are Informal Complaints Protected Activity Under the FLSA Retaliation Provision?"
description: "Yes! The US Supreme Court found workers who complain to their employers about wage violations ARE protected from retaliation whether the complaints are oral or written. An oral complaint of a Fair Lab..."
url: https://www.dashrconsulting.com/are-informal-complaints-protected-activity-under-the-flsa-retaliation-provision/
date: 2014-03-31
modified: 2014-02-08
author: "Dr. Di Ann Sanchez"
image: https://www.dashrconsulting.com/wp-content/uploads/2012/05/employee-complaints.jpg
categories: ["HR Legislative Updates", "Human Resources"]
type: post
lang: en
---

# Are Informal Complaints Protected Activity Under the FLSA Retaliation Provision?

![employee-complaints](https://www.dashrconsulting.com/wp-content/uploads/2012/05/employee-complaints.jpg)

Yes! The US Supreme Court found workers who complain to their employers about wage violations ARE protected from retaliation whether the complaints are oral or written.

An oral complaint of a Fair Labor Standard Act (FLSA) violation is protected conduct under the statute’s anti-retaliation provision.  The act protects employees who have filed any complaint, whether oral or written with their employers.  

> Per the Supreme Court:“A complaint must be sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection.”

Employers should document its response to oral complaints and remember it is a prudent defense to potential retaliation claims.  

*References: Smith, A. (SHRM, 3/22/2011). Supreme Court: FLSA Anti-Retaliation Provision Applies to Oral Complaints., New York Times (3/22/2011) Justices Back Employee in Wage Complaint Case., (Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834).*