Greathouse v. JHS Security Inc.

SUSAN L. CARNEY, Circuit Judge:

In this appeal, we consider the effect of the Supreme Court’s decision in Kasten v. Saint-Gobain Performance Plastics Corp., — U.S. —, 131 S.Ct. 1325, 179 L.Ed.2d 379 (2011), on our 1993 decision in Lambert v. Genesee Hospital, 10 F.3d 46 (2d Cir.1993), concerning what constitutes “fil[ing a] complaint” under the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 215(a)(3).

Section 215(a)(3) makes it unlawful “to discharge or in any other manner , discriminate against any employee because such employee has filed any complaint ...…