By Kim Koratsky
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.