Employment Law Report
Employment Cases Pepper U.S. Supreme Court Docket
As the first Monday in October looms on the horizon, we ponder what the new U.S. Supreme Court term means for employers. Labor & employment cases are certainly the majority of cases on federal dockets nation-wide. Likewise, the U.S. Supreme Court will be considering a number of employment-related cases this term. Among those cases are:
- Kasten v. Saint-Gobain Performance Plastics Corp.: Testing whether oral complaints to a supervisor are protected under the anti-retaliation provisions of the Fair Labor Standards Act.
- Thompson v. Northern American Stainless L.P.: Whether Title VII creates a cause of action for third party retaliation for persons who did not themselves engage in protected activity.
- Staub v. Proctor Hospital: Can employer be held liable based on the unlawful intent of officials who caused or influenced but did not make the ultimate employment decision (cat’s paw theory)?
- AT&T Mobility v. Concepcion: Whether Federal Arbitration Act preempts state unconscionability law
- Chamber of Commerce of the United States v. Whiting: Preemption of Arizona statute that imposes sanctions on employers who hire unauthorized aliens.
- (Cert. Pending) Wal-Mart Stores v. Dukes: Whether certification of a huge class action was proper.