Kasten v. Saint-Gobain Performance Plastics Corp.

ROVNER, Circuit Judge,

with whom

WOOD and WILLIAMS, Circuit Judges, join, dissenting from the denial of rehearing en banc.

The court has adopted a construction of the Fair Labor Standard Act’s anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute’s “filed any complaint” language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834 (7th Cir.2009). In deeming the statutory…