Employment Law Report

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.