Supreme Court Watch: Part 3

The U.S. Supreme Court will hear oral arguments on several important employment-law cases this term. Last week, we posted about the upcoming Kasten v. Saint-Gobain Performance Plastics Corp., in which the Court will address the requirements for an employee who claims retaliation based on the FLSA. And, on Monday, we posted about Staub v. Proctor Hospital, in which the Court will address the cat’s-paw theory in the USERRA context.  Continue reading

Supreme Court Watch: Part 1

The U.S. Supreme Court opened its new term earlier this week.  For the first time, three of the justices are women, creating an historic moment for the Court.  Employers anticipate several important decisions coming from the cases being heard this term, as well.  In this first part in a series, we’ll post about three of the most interesting employment-law cases scheduled for oral argument this Fall. Continue reading

Retaliation and the FLSA: U.S. Supreme Court Grants Cert

ussc-building1Wage-and-hour lawsuits filed under the Fair Labor Standards Act (FLSA), are the hottest thing going for plaintiffs’ lawyers. And a worst-case scenario for an employer named as a defendant. FLSA cases can be very difficult to defend; the law imposes what is almost strict liability under most circumstances. So, when a court issues a decision in favor of an employer, it is worthy of notice. And when the U.S. Supreme Court grants certiorari of such a decision, it’s definitely worthy of notice. Continue reading

Good Reads for Human Resources Professionals

The February 2010 issue of Law Practice Today, the webzine published by the ABA’s Law Practice Management section, is now available and can be read in its entirety at the Law Practice Management section’s website.  I was the issue editor for this edition, which focuses on the Human Resources side of management.  The articles are great and offer lessons that apply to all industries.  Continue reading

EEOC Files Retaliation Claim Against Verizon: How to Make Sure You’re Not Next

The U.S. Equal Employment Opportunity Commission (“EEOC”) has filed suit against Philadelphia-employer, Verizon, alleging unlawful retaliation.  The complaint was filed on behalf of former service technician, Theresa Allen, who worked at the company’s Bryn Mawr facility until last year.  Allen, who is in her 50s, was the only female employee at that location until October 2006.  Continue reading