Why the Next Supreme Court Nomination Is Important for Employment Law

Supreme CourtThe 2018 Supreme Court spring rulings were undeniably victorious for employers. Epic Systems Corp. v. Lewis ruled that workers have to abide by arbitration agreements, and that such provisions do not violate the collective bargain rights of the National Labor Relations Act.  A second, Janus v. AFSCME, ruled that public-sector unions cannot require fair share fees from workers who do not wish to join the union.  The impact of these decisions has been significant for public- and private-sector employers, nationwide. Continue reading

Life after Epic Systems: Almost 3000 Workers Are Dropped from Chipotle’s Wage Suit

chipotle picWhen the Supreme Court ruled on Epic Systems v. Lewis on May 21, 2018, they altered how cases involving collective action would play out. We are currently seeing the results of the Court’s decision in the case of Turner et al v. Chipotle Mexican Grill, Inc. Continue reading

What We Know about the Prospective Justice Kavanaugh

Judge Brett Kavanaugh will likely have his confirmation hearing in the near future.Supreme Court The media has spent many news cycles and think pieces addressing hot-button topics including his views on Roe v. Wade, Obergefell v. Hodges, and investigations into the Executive Branch. These are all important issues, but for the sake of this blog, we care about how he will rule on labor- and employment-related matters. Continue reading

What Now? Public Employer Obligations After Janus

Last week, the U.S. Supreme Court issued its landmark decision in Janus vs. AFSCME.  The opinion prohibits public employers from collecting fair share fees from employees who have refused to join a union. In the aftermath of Janus, public employers need to be taking immediate steps to stop any such deductions.  They also need to prepare for current union members who may seek to revoke any authorization that they had previously provided. Continue reading

This Takes the Cake: The Supreme Court Sides with Colorado Baker Who Refused to Make a Cake for a Gay Couple

Supreme CourtOne of the most anticipated rulings of the Spring Term was issued by the Supreme Court on June 4, 2018. In a 7-2 decision, the Court ruled that baker Jack Phillips was treated with hostility for his religious views by the Colorado Civil Rights Commission when they ruled that he could not refuse to make a gay couple a wedding cake. Continue reading

Employment Law Update: Supreme Court Decision on Workers’ Rights

Supreme CourtThe Supreme Court issued a decision today regarding workers’ rights to collectively sue their employers for violations of federal labor and employment laws. We will have more to say in the coming weeks about how this decision will change the landscape of employment law.  For right now, here is what you should know: Continue reading