SCOTUS Decides Janus as Expected

On the very last day of its 2018 session, the US Supreme Court (SCOTUS) rendered its decision in the matter of Janus v AFSCME as expected, ruling that government mandates for the payment of “fair share fees” by public employees who may not want to belong to the union violates the employee’s First Amendment guarantee…

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Retaliating Against Rauner

Early on as the Janus case wound its way through the court system in Illinois, Governor Bruce Rauner was front and center to have the “fair share fee” funding mechanism struck down. In fact, Rauner announced in 2015 that he would pursue the issue along with plaintiff Mark Janus, but ultimately the governor was removed…

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SCOTUS OKs Arbitration vs. Class Action

By a 5-4 decision released earlier this week, the Supreme Court of the United States (SCOTUS) confirmed that employers have the right to require employees address grievances through arbitration and not class action litigation. With so many recent frivolous issues being litigated against small business employers recently (butter v. margarine, real blueberries v blueberry filling,…

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SCOTUS Hears Right To Work Case

Oral arguments were presented earlier this week before the Supreme Court of the United States (SCOTUS) in the case of Janus v. AFSCME, considered one of the most significant challenges to organized labor in recent years. The issue goes to the heart of the political strength of public employee unions by challenging laws requiring payment…

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“Worker Advocates” Push Empire Act

A more recent undertaking by so-called worker advocates (have to believe that unions are likely writing this bill too!) is the Empire Act, legislation that would allow employees to bypass forced arbitration clauses in their employment contracts. The bill is in preparation for the anticipated decision of the Supreme Court of the United States (SCOTUS)…

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SCOTUS Rejects Other Joint Employer Case

The Supreme Court of the United States (SCOTUS) missed an opportunity to put the issue to bed once and for all this week when the court announced that it would not take up a case addressing whether DirecTV is a joint employer under the Fair Labor Standards Act. By rejecting the Petition for a Writ…

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SCOTUS To Hear Right to Work

Speaking of upcoming court hearings and precedential decisions, the United States Supreme Court (SCOTUS) will hear oral arguments in the case of Janus v. American Federation of State, County and Municipal Employees (AFSCME) on February 26 according to the court’s February hearings calendar, just released on Wednesday. The Janus case, coming out of Illinois, presents…

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Right To Work On SCOTUS & Ballot

With a full complement of 9 Justices now sitting on the Supreme Court bench, it appears likely that SCOTUS will finally revisit the Abood v Detroit Board of Education decision rendered back in 1977. That decision by the Berger Court granted unions the right to collect “fees” from employees even though those employees may have…

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NLRB Counsel Corrects Answer to SCOTUS

The author of the aforementioned expansion of the joint-employer definition, lame-duck NLRB General Counsel Richard Griffin sent a letter to the United States Supreme Court (SCOTUS) this week to clarify and correct “a series of inaccurate answers” he gave during oral arguments on Monday in the case of NLRB v. Murphy’s Oil. The issue in…

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SCOTUS to Hear Right to Work, Again

Speaking of the US Supreme Court, SCOTUS has announced that it will take up the case of Janus v AFSCME, dealing with right to work laws, and hear arguments in the case this term (likely next calendar year). At issue is whether or not public-sector workers can be forced to join the representing union or…

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