Thursday, September 28, 2017
Supre Court Grants Cert in Two Labor & Employment Cases
Today, the Supreme Court agreed to hear two workplace-related cases--both involving issues that are repeat customers. In Janus v. ASFCME, the Court will take another stab at declaring that the First Amendment bars requiring public-sector employees from paying dues for union representation. (You can see here and here for our past coverage of the Friedrichs case). I'll go out on a very steady limb here and say that the Court will hold 5-4 in favor of the dissenting union-represented employees.
Also, in Encino Motorcars v. Navarro, the Court will again look at whether car dealership service advisors/representatives should be exempt from the FLSA's overtime provisions. The Court considered this case before, reversing the Ninth Circuit's reliance on a recently changed Department of Labor rule. Now that the appellate court has refused to exempt those employees based on its own reading of the statute's exclusion of car salesperson, the Court has decided to address the issue again.
You can read more at SCOTUSBlog.
I am surprised to see the phrase "from paying dues for union representation." There is a difference between paying " DUES " and paying " Fair Share Fees"
Posted by: Ron Gonyea | Oct 13, 2017 4:31:35 PM