Posts tagged U.S. Supreme Court
Punching In: High Court Signals Coming Curbs on Agency Deference
August 2, 2022 // The Supreme Court earlier this summer affirmed that agencies can’t regulate “major questions” with significant economic or political implications unless Congress explicitly gives them the power to do so, Given the court’s recently expanded view of what presents a “major question,” some attorneys say the conservative-majority court may next take a swipe at Chevron deference all together. And with the Biden administration’s ambitious regulatory agenda, the DOL’s moves to define an approach to independent contractor status, alter how prevailing wages are calculated, expand overtime pay protections, or issue most any other regulation could be more vulnerable to litigation if that happens. A revised version of President Joe Biden’s $94 billion bailout for union-backed pension plans will take effect next week, outlining a realistic path for hundreds of cash-strapped plans to pay benefits for the next 30 years. Michael Lotito, co-chair of Littler Mendelson PC’s Workplace Policy Institute,
Trucking Looks for New Owner-Operator Strategies as Independent Contractor Model is Threatened
August 2, 2022 // Motor carriers that use owner-operators in California are working to re-evaluate their operations in order to meet strict restrictions on the use of independent contractors, as labor officials at the national level push to crack down on “employee misclassification” as well. Recent independent trucker protests that brought the Port of Oakland to a crawl gained plenty of media attention, but California Gov. Gavin Newsom’s office indicated a lack of concern. Landstar, Joe Rajkovacz with the Western States Trucking Association, oil and gas industry, two-check system, TransForce AB5 Dedicated Solutions Program, TransForce, New Jersey, Illinois, Washington, and New York,
Opinion: States should protect caregivers’ Medicaid funds from union skims
June 27, 2022 // Yet, while a number of states including Michigan have taken action to prohibit the dues skim, a May rule by the federal Department of Health and Human Services (HHS) reversed a Trump administration effort to stop the skim nationally. A separate 9th Circuit decision last week also continues to allow unions to trap home care providers into paying them. Robert and Patricia Haynes, cerebral palsy, Gov. Rick Snyder, Harris v. Quinn, Cindy Ochoa, most pro-union president ever,
GOVERNMENT JOBS: 6 THINGS EVERY EMPLOYEE SHOULD KNOW ABOUT THEIR JANUS RIGHTS
May 5, 2022 // If you work for a local, state or federal government entity – a public school district, city hall, a state agency or another government body – you have “Janus Rights”, or the right to decide whether you want to join a union at your workplace. If you decide union membership isn’t for you, then you are not obligated to pay the union at your workplace any kind of dues or fees. The U.S. Supreme Court reaffirmed workers’ rights regarding union membership and support on June 27, 2018, in the case Janus v. AFSCME.
LAWSUIT ALLEGES TEAMSTERS REFUSE TO ACCEPT PACKAGES CONTAINING MEMBERSHIP CANCELLATIONS
April 22, 2022 // But a federal lawsuit and request for a preliminary injunction filed on April 20 allege three different Washington Teamsters’ locals conspired to deny workers by the crudest of measures — brazen refusal to accept mail.
WITH THE RULES OF THE GAME CHANGED, UNIONS ARE DETERMINED TO CHEAT
April 18, 2022 //
MORE THAN 38,000 WORKERS HAVE LEFT GOVERNMENT UNIONS IN ILLINOIS
April 15, 2022 // The unions’ own federal reports show 9% of workers have chosen to break away from unions since the U.S. Supreme Court’s decision in Janus v. AFSCME. More than 38,000 state and local government workers across Illinois have chosen not to join or pay a government union since the U.S. Supreme Court restored that right in 2018 in Janus v. AFSCME.
Lawsuit claiming public-sector employees must be informed of Janus rights dismissed
April 12, 2022 // Judge John F. Kness of the U.S. District Court for the Northern District of Illinois dismissed an Illinois teacher’s lawsuit claiming that, under the U.S. Supreme Court’s 2018 ruling in Janus v. AFSCME, public-sector unions are obligated to inform prospective members of their right not to join or pay fees to a union.
Flint Taxpayers Pay For Employees Doing Union Business, City Doesn’t Track How Much
March 28, 2022 // In states like Michigan that permit public sector workers to unionize and engage in collective bargaining, some government employees also become officers in those unions. Michigan permits these union officer/public employees to use a specified amount of their hours on the job to do union work, rather than the job they were hired to do. This practice is called “union release time.”
Unions oppose employee rights with false claims re: Janus
March 21, 2022 // Vincent Vernuccio, testifying in support of SB 511, said, “ensures that public employees are informed about their First Amendment right to choose whether to pay union fees and further allows them to exercise this right at any time. This right is guaranteed to them under the U.S. Constitution and recognized by the United States Supreme Court’s decision in Janus v. AFSCME.” Vernuccio is an attorney and labor policy senior fellow with Workers for Opportunity, a national project of the Mackinac Center for Public Policy.