Employers' Eye on the Court: The U.S. Supreme Court Will Decide a Host of Employment-Related Cases During its Current Term

11/19/2010

The U.S. Supreme Court began its new 2010-2011 term on October 4, 2010 with a number of employment-related cases on the docket, many of which have already been orally argued, that could potentially impact employers concerning such matters as arbitration, retaliation, immigration, and employee benefits.

While the Supreme Court welcomes a new member for the second consecutive year, rookie Justice Elena Kagan has recused herself in six of the eight employment-related cases because of her work as the U.S. Solicitor General for the Obama administration. Kagan’s absence raises the prospect of deadlock in at least some of the cases, with an evenly divided court keeping the lower court’s ruling in place. The ultimate result of a four-four tie will be the lack of a national precedent and, consequently, lack of consistent guidance for employers.

For more information, please contact:

Meghaan C. McElroy
713.547.2082
meghaan.mcelroy@haynesboone.com

Dean J. Schaner
713.547.2044
dean.schaner@haynesboone.com

To read the full alert, click on the PDF linked below. Topics include:

  • Immigration
  • Retaliation
  • Cat's Paw
  • Privacy Rights
  • Employee Benefits
  • Student Exception Under FICA
  • Arbitration

PDF - Employers_Eye_on_the_Court.pdf

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