The March 22 decision in Kasten v. Saint-Gobain Performance Plastics Corp. states that employees are protected under U.S. labor laws from employer retaliation when the complain verbally to supervisors about working conditions but don't keep a written record. The court found in favor of Wisconsin factory worker Kevin Kasten, who had complained to his employer that the placement of time clocks discouraged employees from swiping in before they donned protective gear.

The American Bar Association wrote last week in the ABA Journal that the issue centered on statutory language that protects workers from retaliation if they have “filed any complaint.” Justice Stephen G. Breyer issued the majority opinion that the purpose and context of the provision support the conclusion that the oral complaint was protected. But the majority opinion did not decide the issue of a need for a formal complaint because Kasten's employer did not raise the issue in response to the cert petition.

Justice Antonin Scalia dissented by arguing that the “file any complaint” privilege did not apply to any complaints made to employers and that the stature contemplates only an official complaint made with a court or an agency.

Regardless, precedence was set.