are protected under the FLSA. See Hagan v. Echostar Satellite, L.L.C., 529 F.3d 617, 626 (5th Cir.2008); Lambert v. Ackerley, 180 F.3d 997, 1004 (9th Cir.1999) (en banc); Valerio v. Putnam Assocs. Inc., 173 F.3d 35, 41 (1st Cir.1999); E.E.O.C. v. Romeo Cmty. Sch., 976 F.2d 985, 989 (6th Cir.1992); E. E.O.C. v. White & Son Enters., 881 F.2d 1006, 1011 (11th Cir.1989); Love v. RE/MAX of Am., Inc., 738 F.2d 383, 387 (10th Cir. 1984); Brennan v. Maxey’s Yamaha, Inc., 513 F.2d 179, 181 (8th Cir. 1975). The Second and Fourth Circuits have held to the contrary. See Ball, 228 F.3d at 364; Lambert v. Genesee Hosp., 10 F.3d 46, 55 (2d Cir.1993). Finally, the Seventh Circuit has taken a middle approach. See Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834, 838, 840 (7th Cir.2009) (<HOLDING>), cert. granted, - U.S. -, 130 S.Ct. 1890, 176
holding without discussion of the verbalwritten distinction that plaintiffs oral complaints were protected activity holding without discussion of the verbalwritten distinction that plaintiffs apparently oral complaints to supervisors were protected activity holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control holding that oral declarations of mistrial which discharge the jury are unlike other oral decisions by the trial court which are not binding and are subject to change until a final written order or judgment is entered holding that written but not oral internal complaints are protected based on the inclusion of the verb filed