Last time around, now-Justice Sotomayor had developed a very extensive record in the field of employment law, having served as a judge in district court and the Second Circuit. We simply don't have that with Kagan... yet. Information has a funny way of surfacing during the confirmation process. I'll let you know if anything particularly employment law-y happens.
Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.