Posts tagged amicus briefs
Frisard’s Transportation v. Department of Labor
June 26, 2024 // And the rule affects far more than the 350,000 owner-operator truckers that operate across the nation. It will affect 70 million freelancers in industries across the country, pushing them towards an employment status when 80% of them want to be independent. Similar legislation in California led to a loss of over 10% of freelancers. With the help of the Pelican Institute, Frisard’s has filed a lawsuit against the Department of Labor, arguing that the new rule is arbitrary and exceeds the department’s statutory authority. The company asserts that the rule undermines the certainty businesses and independent contractors need to operate efficiently and is inconsistent with the Fair Labor Standards Act and precedent set by the U.S. Supreme Court and the Fifth Circuit.
N.J. Case Creates Model for Independent Contractor Status
May 17, 2024 // The New Jersey REALTORS®, with legal action support from NAR, submitted amicus briefs in the case expressing concern over the precedent the case could set for brokerages’ ability to decide employee status. The New Jersey association also successfully lobbied state lawmakers to amend the New Jersey Real Estate License Act, often known as the Brokers Act, to clarify that written agreements between a broker and salesperson define the worker’s status. New Jersey lawmakers enacted the amendment in 2018 and, in 2022, passed a further amendment clarifying that the 2018 amendment is retroactive. That change paid off: The New Jersey Supreme Court dismissed the case(link is external) this week.
Unions must represent all covered workers, even nonmembers, Michigan Supreme Court rules
May 13, 2024 // Workers who disagree with their union’s political speech cannot be forced to subsidize that speech through dues or fees. Despite this, unions aggressively attempt to organize public sector workers, knowing that by doing so, they are choosing to represent members and nonmembers equally. By upholding a union’s duty of fair representation, the Michigan Supreme Court has ensured that these protections continue, and cut short union efforts to strongarm employees into membership.
Mackinac Center Asks Supreme Court to Clarify Janus Decision
December 15, 2023 // The Supreme Court decided in Janus that public sector workers cannot be forced to support a union’s political speech as a condition of keeping their jobs. This decision protected millions of workers’ First Amendment rights. But the Mackinac Center recognized that the Janus ruling could do even more. Shortly after the court ruled, the Mackinac Center launched Workers for Opportunity, an initiative to advance the worker freedoms outlined in the case. In the years since, WFO has educated workers and lawmakers across the nation on what Janus requires. For one thing, public sector workers should only be considered to have waived their First Amendment right not to join a union if they do so with knowing, informed and regular consent.