Friday, October 8, 2010

WIRTW #147 (the SCOTUS preview edition)

This week marked the beginning of the Supreme Court’s October 2010 term, which has three important employment cases on its docket.

  • Kasten v. Saint-Gobain Performance Plastics, which will decide whether an oral complaint of a violation of the Fair Labor Standards Act qualifies for protection under that law’s anti-retaliation provision.

  • Staub v. Proctor Hospital, which will decide the viability of the “cat’s paw” in discrimination cases—when may an employer be held liable based on the unlawful intent of employees who caused or influenced, but did not make, the ultimate employment decision.

  • Thompson v. North American Stainless, which will decide the legal viability of “associational retaliation”—retaliation against one who engaged in no protected activity but is closely related to one who did.

    The hyperlinks will take you to my previous thoughts on each of these cases. I’ve had a lot to say about Thompson, since it was a 6th Circuit case. I’ll have more to say on all of these cases after they are argued later this fall, and again after they are decided next year.

    Here’s the rest of what I read this week:

    Discrimination & Litigation

    Social Networking & Technology


    Trade Secrets & Non-Competes

    Wage & Hour


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