is stated in 29 U.S.C. § 215(a)(3), which makes it unlawful to discharge or in any other manner discriminate against any employee because the employee has filed a complaint or instituted or caused to be instituted a proceeding under the FLSA. The majority of circuits have held that this provision protects an employee who makes an internal complaint to the employer. Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834, 838 (7th Cir.2009). The Eighth Circuit has interpreted the statute to prohibit discrimination against an employee who asserts or threatens to assert FLSA rights. Brennan v. Maxey’s Yamaha, Inc., 513 F.2d 179, 183 (8th Cir.1975). That interpretation has been criticized as contrary to the plain language of subsection 215(a)(3). See Kasten, 570 F.3d at 840 (<HOLDING>). Needless to say, the holding of the Eighth
holding that the phrase file any complaint requires a plaintiff employee to submit some sort of writing holding that an employee was wrongfully discharged for refusing to submit to a polygraph test holding in an appeal from the dismissal of the plaintiffs complaint pursuant to rule 12b6 that when the papers before the sixth circuit indicate that the plaintiff could submit an amended complaint that would state a claim upon which relief can be granted the proper course is to remand to permit the plaintiff to amend holding that a plaintiff is not required to file an amended complaint when his complaint is involuntarily dismissed without prejudice and that for the purposes of appeal such a dismissal is a rule 41b adjudication on the merits recognizing that the survivor of a deceased federal employee has no standing to file an eeo complaint on behalf of that former employee but personal representative of deceased employee can be substituted as plaintiff if deceased employee initiated complaint prior to death