Friday, June 28, 2013

SCOTUS Employment Law-Palooza - Case(s) of the Week #149

I couldn't do it. I absolutely could not pick just one case and run with it for the COTW. Instead, I'm going to take a look back at this crazy week of important Supreme Court employment law developments.

We started off with a bang, as SCOTUS issued two wins for employers in what I'll call "pure" employment law cases:
Before the Court even started handing down opinions on Monday, it issued an order with some employment law implications:
  • The Court granted certiorari in Noel Canning. This is technically a constitutional law case about the recess appointment power of the president . . . but the recess appointments in question are NLRB appointments so there are labor issues at play.
  • Things were so crazy that SCOTUS granted cert in a Labor Management Act case and I didn't even have an opportunity to blog about it. But check out the SCOTUSblog page for Unite Here Local 355 v. Mulhall (about bargaining away labor rights - employer promised not to oppose union representation and granted union access to its property, and union agreed to forego rights to picket, boycott, etc.).
Finally, we had some not-quite-employment-law cases that still drew some interest from the employment law crowd.
I'm not saying this was the most important week in employment law history . . . but in terms of quantity of Supreme Court employment law-related decisions, it has to be one of the busiest.