The U.S. Supreme Court has handed down a string of consequential employment law rulings in recent years, from its 2020 decision on LGBTQ+ discrimination in Bostock v. Clayton County, Ga., to last session’s ruling on evidentiary standards in overtime pay disputes.
The justices have several opportunities to weigh in on employment and workplace issues with the start of this year’s new term. The court granted certiorari in just two such cases as of the first week of October, but many relevant petitions await its consideration.
On tap: An executive power showdown
President Donald Trump’s firing of Democratic leaders at independent federal agencies touched off a wave of litigation from plaintiffs seeking to retain their positions.
In the employment law sphere alone, Trump fired two members of the U.S. Equal Employment Commission, Jocelyn Samuels and Charlotte Burrows, as well as Gwynne Wilcox, a member of the National Labor Relations Board. The firings left both agencies with a quorum, rendering them unable to perform certain key regulatory functions.
Lawsuits challenging the firings meandered through the legal system with mixed results for the officials in question. The cases center on the Supreme Court’s precedent established in Humphrey’s Executor v. U.S., a 1935 decision in which it held that members of quasi-legislative or quasi-judicial bodies created by Congress may not be removed except for cause.
Wilcox asked SCOTUS last month to decide the Humphrey’s Executor question...
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