Supreme Court Prohibits Compulsory Union Fees. (Beltway Buzz - June 29, 2018)

Kennedy Steps Down. In a week of significant political developments, perhaps the most significant was Supreme Court Justice Anthony Kennedy's June 27 announcement that he is resigning effective July 31, 2018. The vacancy provides President Trump an opportunity to cement a conservative voting block in the Court for years to come and also provides Republicans with political momentum heading into the November elections. President Trump has promised to select his nominee to replace Kennedy from the 25-person list that the White House had previously made public. Senate Majority Leader Mitch McConnell (R-KY) has promised a vote on the eventual nominee in the fall, before the first day of the Court's next term in October. While there will be much theorizing about this development in the coming weeks, the Buzz will, as always, be watching for its impact on labor and employment issues (such as whether a newly-formed Court may opine on whether sexual orientation is protected under Title VII of the Civil Rights Act of 1964).

Supreme Court Prohibits Compulsory Union Fees. The Supreme Court waited until the very last day of its term (or, more accurately, 41 years) to issue a 5-4 decision holding that it is a violation of the First Amendment for states to require public-sector employees to pay fees to labor unions as a condition of their employment. Writing for the majority in Janus v. AFSCME, Justice Alito wrote, "It is hard to estimate how many billions of dollars have been taken from nonmembers and transferred to public-sector unions in violation of the First Amendment. Those unconstitutional exactions cannot be allowed to continue indefinitely." In dissent, Justice Kagan argued that as a result of the decision, "Public employee unions will lose a secure source of financial support." The Buzz won't argue with Justice Kagan's conclusion, but finds it a curious—and revealing—point to make in a case involving an individual's First Amendment rights. Kagan also criticized the majority for using the First Amendment as a "sword" against "regulatory policy," but isn't this exactly what the First Amendment is for? We digress. C. Thomas Davis and Hera S. Arsen have the details on the Janus case here.

FLSA at 80. Eighty years ago this week, the Fair Labor Standards Act (FLSA) was enacted into law. Accordingly, Steven F. Pockrass has some great insight on the impact of the FLSA on the workplace, as well as some aspects of the statute that still present employers...

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