Monday, October 4, 2010

Upcoming Employment Cases Before the U.S. Supreme Court

Ohio Employment Law Center
October 2, 2010
By Tom Horwitz

Every autumn, the United States Supreme Court hears oral arguments on the cases pending before it. In the upcoming term, the Court will hear some employment-related cases.

Kasten v. Saint-Gobain Performance Plastics Corp., Case No. 09-834. Oral Argument: October 13, 2010. The Fair Labor Standards Act (“FLSA”) is the federal law that requires an employer to pay an employee time-and-one-half for all time that the employee worked in excess of 40 hours in any one week. FLSA prohibits an employer from discriminating against any employee “because such employee has filed any complaint” under or related to FLSA. 29 U.S.C. §215....

Staub v. Proctor Hospital, Case No. 09-400. Oral Argument: November 2, 2010. Staub is known as the “Cat’s Paw” case, based upon a fable by 17th-Century French poet Jean de La Fontaine. Fontaine wrote about a monkey who persuaded a cat to put its paw into a fire to get some hot chestnuts. While the cat was lamenting his burned paw, the monkey was enjoying the flavorful chestnuts....

Thompson v. North American Stainless, LP, Case No. 09-291, Oral Argument: December 7, 2010. Eric Thompson and his fiancée were both employed by North American Stainless, LP. Three weeks after his fiancée filed a charge of sex discrimination against North American Stainless with the Equal Employment Opportunity Commission, North American Stainless terminated Thompson for “performance-based reasons.”

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