The 7th U.S. Circuit Court of Appeals on Thursday declined to hear a workplace retaliation case en banc, letting stand the panel’s decision that the Fair Labor Standards Act doesn’t protect “unwritten purely verbal complaints.”

But three judges dissented. Judges Ilana Rovner, Ann Williams and Diane Wood said their colleagues were wrong not to hear the case because the decision departs from other circuits’ decisions and “the long-standing view of the Department of Labor.”