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).
