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47 Lab. & Emp. L. 1 (2018-2019)

handle is hein.journals/laboemplo47 and id is 1 raw text is: Laor AND Employmen I ~U U W FALL 2018 VOLUME 47, NUMBER 1 SECTION OF LABOR AND EMPLOYMENT LAW AMERICAN BAR ASSOCIATION By Courtlyn RoserJones On the last day of the 2017-2018 term, the Supreme Court decided its most anticipated labor case in decades, and the opinion wasn't even the day's leading story. Hours after Janus v. AFSCME reversed forty-one years of precedent and invalidated statutory provisions in twenty-two states, the most impor- tant labor decision in years was overshadowed by Justice Kennedy's retirement announcement-the most important change to the Court's makeup in recent history. A pivotal justice's retirement trig- gering an embattled nomination process that would dominate the better part of summer recess was a fitting conclusion to the Court's year. But in a period that marked not only the last full term for Justice Kennedy and the first for Justice Gorsuch-but also upheld the President's Travel Ban, heard cases on voting rights and partisan gerrymandering, and established new legal principles in technol- ogy-the significance of the Court's 2017-2018 labor and employment rulings cannot be overstated. This Article reviews several of these decisions. Parts I and II dis- cuss two landmark labor cases: Janus v. AFSCME, which invali- dated a major source of financial security for labor unions in the public sector; and Epic Systems Corp. v. Lewis, which enforced arbitration clauses waiving employees' rights to arbitrate workplace grievances collectively. Part III describes three lesser- known rulings addressing collec- tively bargained-for retiree bene- fits, exemptions to overtime-pay, and whistleblower protections: CNH Industrial N V v. Reese, Digital Realty Trust, Inc. v. Somers, and Encino Motorcars, LLC v. Navarro. Not surprisingly, with the addition of conservative Justice Gorsuch to the Court, all five of these decisions were employer friendly. Together they have enhanced the authority of corporations, limited the liabil- ity of employers, and restrained employee collective activities and bargained-for privileges, even when doing so has meant sidestep- ping core principles of stare decisis and judicial restraint. Janus v. AFSCME In an anticipated blow to orga- nized labor, Janus v. AFSCME continued on page 9 Plaintiff Mark Janus meets the press. PHOTO BY COURTLYN ROSER-JONES Published in Labor and Employment, Volume 47, Number 1, Fall 2018. © 2018 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Secino LArand Emploment La

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