The U.S. Supreme Court has issued the last of its employment-related decisions for the 2010-11 Term. Here is a brief summary of the labor and employment cases decided this term.
- Kasten v. Saint-Gobain Performance Plastics Corp., (No. 09-834) (holding that an employee has engaged in protected activity under the FLSA even if his only complaint is an oral complaint) (post here; opinion here).
- Thompson v. North American Stainless, (No. 09-291) (recognizing that an employee who never engaged in protected activity can bring a Title VII retaliation claim when that person suffers an adverse employment actions because of his association with another that has engaged in protected activity) (post here; opinion here).
- Staub v. Proctor Hospital, (No. 09-400) (USERRA case holding that where a decisionmaker is unaware of the employee’s protected activity, but is motivated by or influenced by another who does have knowledge of the protected activity, the plaintiff may be able to prove a cause of action under a "cat’s paw" theory of discrimination) (post here; opinion here).
- Dukes v. Wal-Mart, (No10-277) (Holding that trial court improperly certified class of 1.5 million current and former female employees’ discriminatory pay and promotion case because plaintiffs failed to show a common policy or practice (other than a policy of vesting manager with broad discretion) that resulted in the alleged discrimination and improperly certified class claims for back pay relief) (opinion here).
- AT&T Mobility LLC v. Concepcion, (No. 09-893) (holding that parties may enter arbitration agreements that preclude the arbitration of disputes on a class action basis) (opinion).
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