The four court cases HR needs to watch in 2013

What legal issues should HR pros be watching most closely in the coming months? A leading employment law firm suggests we keep an eye on four key cases.

A quick look at the four court actions that have the potential for changing the employment law landscape, courtesy of the Employment Benefits and Labor Practice Group at Blank Rome:

Vance v. Ball State University

You’ll recall that a couple of months ago, the Supreme Court heard oral argument in this case to resolve a split between federal appeals courts regarding the definition of a “supervisor” for purposes of liability under federal anti-discrimination laws.

The case comes down to deciding between two definitions:

• whether the term “supervisor” applies broadly to all employees who have the authority to direct and oversee an alleged victim’s daily work,
• whether the technical definition of “supervisor” is limited to those who have the power to “hire, fire, demote, promote, transfer, or discipline.”

The court’s determination will have a significant impact on employer exposure to Title VII lawsuits, workforce management and anti-harassment training, according to Blank Rome.

Genesis HealthCare v. Symczyk

In this important Fair Labor Standards Act case, the Supreme Court will determine whether an FLSA collective action becomes moot after the named plaintiff receives an offer of judgment that provides full relief.

Translation: If an employer makes an offer that would fully cover the FLSA violation alleged in an active court case, does that offer basically blow the court action out of the water?

In the decision under review, a federal appeals court held that a motion for conditional certification of a collective action “relates back” to the date the complaint was originally filed — and the settlement offer doesn’t stop the original case from proceeding.

But two other federal circuits have held that a full offer of judgment to the complainant does make the court case moot.

The high court’s decision could impact an important tool that employers have relied upon in their efforts to battle the recent deluge of collective wage-and-hour litigation.

Click here to see the last two cases.