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On the Docket
10/10/2012

The U.S. Supreme Court is scheduled to decide several employment-related cases in the 2012-2013 term, which began earlier this month.  I can't promise you’ll find this as riveting as the World Series, college football, or even watching paint dry, but here’s a quick overview of what’s on the Court’s docket. 

  • The Court will decide whether the definition of “supervisor,” for purposes of Title VII harassment, includes an employee who oversees and directs other workers’ daily tasks, but has no authority over their formal employment status.  Now, some courts say that employers can be liable only for the actions of harassers who have the power to hire, fire, promote, demote, or transfer; while other courts say that liability in harassment cases extends to those with the authority to direct and oversee the victim’s daily work.  Vance v. Ball State University. 
  • The Court will also rule whether a collective action under the FLSA is rendered moot if the defense makes an offer to let the plaintiff take a judgment in the full amount of the plaintiff’s individual claims, or whether the plaintiff can continue to prosecute the case on behalf of potential future opt-in plaintiffs.  Genesis HealthCare Corp. v. Symczyk
  • In a third case, the Court will decide if an ERISA plan administrator is entitled to reimbursement for payments made to a plan participant, who was injured in an accident, after the participant sued and recovered damages from a third party.  US Airways, Inc. v. McCutchen.
 
 


Editors
Don Berner Image
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers Image
Boyd Byers, the General Employment Law Guy
Jason Lacey Image
Jason Lacey, the Employee Benefits Guy
Additional Sources
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