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Friday, October 16, 2009

Ind. Decisions - "Full 7th Circuit Leaves Verbal Complaints at Employee's Own Risk"

That is the headline to this story today by Lynne Marek The National Law Journal that begins:

The 7th U.S. Circuit Court of Appeals on Thursday declined to hear a workplace retaliation case en banc, letting stand the panel's decision that the Fair Labor Standards Act doesn't protect "unwritten purely verbal complaints."

But three judges dissented. Judges Ilana Rovner, Ann Williams and Diane Wood said their colleagues were wrong not to hear the case because the decision departs from other circuits' decisions and "the long-standing view of the Department of Labor."

"Oral inquiries, protests, and information supplied to an agency representative play no less an important role in the statutory scheme than do letters, e-mails, and sworn statements," Rovner wrote for the dissenting group in Kasten v. Saint-Gobain Performance Plastics Corp.

Access the decision here.

Posted by Marcia Oddi on October 16, 2009 08:43 AM
Posted to Ind. (7th Cir.) Decisions