In today’s news and commentary, the Supreme Court kicks off its latest term, declining to take a number of labor and employment cases while granting certiorari in others that could have wide-ranging consequences.
Yesterday, the Supreme Court’s latest term began, and the Court declined to grant certiorari in several cases with labor and employment implications. It declined certiorari in Cestaro v. Rodriguez, a case where an administrative judge for the New York State Workers Compensation Board was denied a promotion after an off-duty altercation that was posted on Tik Tok; for now, the Court will pass on this opportunity to take a look at the scope of First Amendment rights for public employees. The Court also declined certiorari in Hood River Distillers v. NLRB, a case where the NLRB found that an employer had violated the NLRA by making unilateral changes during bargaining. The petition had presented questions both about substantive law — whether the employer’s actions were justified by alleged union delay tactics — as well as the appropriate standard of review when evaluating NLRB decisions. Finally, the Court also declined certiorari in Wessels Wells v. Texas Tech University, a sex discrimination suit by a student “program mentor” at Texas Tech. The Fifth Circuit held that the petitioner was not an employee for the purposes of Title VII, applying the “threshold-remuneration” test that has been adopted by several circuits; by denying cert, the Court declined to weigh in...
What You Need to Know The motion comes as class action attorneys are grappling with the advent of third parties that, through the use of technology, have advertised their services to assist poten...