This week marked the beginning of the Supreme Court’s October 2010 term, which has three important employment cases on its docket.
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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.
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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.
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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
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Bad Math = Bad Policy – from Stephanie Thomas’s The Proactive Employer
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A SAD Story In So Many Very Different Ways – from Michael Fox’s Jottings By An Employer’s Lawyer
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Why Men Matter in the Work-Life Debate – from The Glass Hammer
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Complaints about management style are not protected activity, per Sixth Circuit – from Sindy Warren at the Warren & Hays Employment Law Blog
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EEOC sues on obesity-as-disability theory – from Walter Olson’s Overlawyered
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One-third of U.S. Workers Still Have A Problem With Their Gay Co-workers – from Workplace Diva
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Prompt Action by Employer Nixes Racial Harassment Claim – from The Word on Employment Law with John Phillips
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Failure-to-Promote Not Covered by Ledbetter FPA - New Third Circuit Decision – from Philip Miles’s Lawffice Space
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Employment Discrimination Potpourri: It’s Hard Out Here for New Mothers and Large Women – from Abovethelaw
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EEOC Must Attempt Conciliation of Class-Wide Claims Before Litigating Them – from Employment Class Action Blog
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The Many Flavors of Retaliation – from Maryland Employment Law Developments
Social Networking & Technology
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Will Facebook’s New Download Feature Change E-Discovery on Social Networks? – from Daniel Schwartz’s Connecticut Employment Law Blog
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Lawyers: Gather Ye Text Messages While Ye May – from Law.com’s Inside Opinions: Legal Blogs
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Hot Off the Press: The Sedona Conference® Commentary on Proportionality in Electronic Discovery – from Electronic Discovery Law
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Materials from Social Media Policies – from Compliance Building
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Here’s Why You Don’t Really Need A Social Media Policy – from Lance Haun at TLNT
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N.Y. Ethics Opinion re: Social Networking – from Molly DiBianca’s Going Paperless
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Discretion Is the Better Part of Valor (and Cell Phone Usage) – from Adria Martinelli at the Delaware Employment Law Blog
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LinkedIn: A Violation of Your Employee’s Non-Compete? – from Trade Secrets & Non-Compete Blog
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First Step? Hire a Computer Forensics Expert – from Trade Secret / Noncompete Blog
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HR Tech 2010: “Social” Is Now HR’s Baby (Sorry, Marketing Department!) – from Fistful of Talent
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Don’t Facebook Me: Why You Shouldn’t Google During the Recruiting Process – from Laurie Ruettimann at TLNT
Privacy
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Do You Know Your HIPAA? – from CPEhr
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U.S. Supreme Court’s Decision in NASA Case Could Have Significant Implications for Private Employers – from Workplace Privacy Counsel
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Supreme Court Set to Hear NASA Background Check Case – from employeescreenIQ Blog
Trade Secrets & Non-Competes
- Maintaining Trade Secret Status For Customer Lists: Five Steps Every Company Can Take to Protect Customer Information – from Trade Secrets & Non-Compete Blog
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Top 5 Defenses to Non-Competes – from Rob Radcliff’s Smooth Transitions
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Trade Secrets of Pharmacies Allegedly Misappropriated By CVS Caremark – from Trade Secrets Blog
Wage & Hour
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Class Certification Denied Due to Dissimilarity In Putative “Class” The Way To Go! – from Wage & Hour - Development & Highlights
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Sixth Circuit’s FMLA Employer Reminders, Part One: Send the “Rights and Responsibilities” Notice – from Iowa Employer Law Blog
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Just Because You Sent a Message Does Not Excuse Your Lateness – from Michael Haberman’s HR Observations
Labor
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Non-Union Employee Has Standing to Seek Injunction Against Employer and Union Under Labor Management Relations Act – from Hunton Employment & Labor Law Perspectives™
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Pro-Company – from hrwhiz.com
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NLRB Acting General Counsel Announces Effort to Enhance Pursuit of 10(j) Injunctions in Discharge Cases – from Labor Relations Today
Presented by Kohrman Jackson & Krantz, with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a partner in our Labor & Employment group, at (216) 736-7226 or jth@kjk.com.