7th Circuit: Verbal Complaints About Time Clocks Not Protected Under Federal Law (2009)

In 2009, the Seventh Circuit Court of Appeals ruled that verbal complaints about time clock placement were not considered “protected activity” under the Fair Labor Standards Act (FLSA). In Kasten v. Saint-Gobain Performance Plastics Corp., the court held that the phrase “file any complaint” under the FLSA requires a written complaint. As a result, the employee’s retaliation claim was dismissed. The case involved complaints about the location of workplace time clocks and whether those complaints were legally protected.

Case Background and Court Decision

Kevin Kasten worked for Saint-Gobain Performance Plastics Corp. in Wisconsin. Company policy required hourly employees to swipe in and out at designated time clocks inside the facility. During 2006: • Kasten received three disciplinary notices related to time clock policy violations • The third notice included a one-day suspension • He was warned that further violations could result in termination Kasten alleged that he verbally complained to supervisors about the location of the time clocks, arguing that their placement prevented employees from being paid for time spent putting on and removing required protective gear. The company denied receiving such complaints. After a fourth policy violation, Kasten was suspended and later terminated. He filed suit under the FLSA, claiming retaliation for his complaints. The Seventh Circuit ruled: • The FLSA requires a written complaint to qualify as protected activity • Verbal complaints alone do not meet the statutory requirement • Therefore, his retaliation claim failed The court upheld dismissal of the case.

Practical Implications for Employers

While the ruling favored the employer in this case, the decision should not be interpreted as blanket protection for disciplinary actions. Important considerations: • Written internal complaints may still qualify as protected activity • Employees do not need to file with a government agency for protection • State wage and hour laws may provide broader protections • Other retaliation claims may arise under different legal theories For businesses using modern time tracking systems — including electronic badge, biometric, or proximity-based time clocks — clear written policies and documented disciplinary procedures remain essential. Proper time clock placement, consistent enforcement, and documented employee acknowledgments reduce legal exposure and maintain operational clarity.

Conclusion or Operational Takeaway

This 2009 Seventh Circuit decision clarified that, at that time, verbal complaints alone did not constitute protected activity under the FLSA’s anti-retaliation provision. However, employers should continue to treat all employee wage and hour concerns carefully and document responses thoroughly. Well-designed time clock policies, clearly communicated procedures, and accurate electronic timekeeping systems remain the strongest defense against wage disputes and retaliation claims. Consistency, documentation, and compliance — not convenience arguments — determine the legal outcome.