SCOTUS Rejects Push to Expand 'Janus' Broadly to Workplace Disputes
"Further percolation on this issue is plainly warranted,” Noel Francisco, the U.S. solicitor general, told the U.S. Supreme Court in urging the justices to turn down In-N-Out Burger's petition.
February 25, 2019 at 11:28 AM
3 minute read
The original version of this story was published on Texas Lawyer
The U.S. Supreme Court on Monday said it will not consider In-N-Out Burger's attempt to stop workers from wearing buttons pushing for a higher minimum wage, rejecting a bid by the burger chain to broaden a ruling from last year that restricted the power of unions to collect fees from nonmembers.
In-N-Out Burger, represented by Littler Mendelson, asked the high court to overturn a federal appeals court decision striking down a workplace rule that prohibited employees from wearing insignia on their uniforms, including “Fight for 15” buttons.
The Supreme Court declined the petition without comment. The U.S. Justice Department, representing the National Labor Relations Board, had urged the court to turn down the petition for review.
The case before the high court stems from 2015, when employees at an In-N-Out Burger in Austin, Texas, wore “Fight for 15” pins on their uniforms. The company argued that its employees are subject to uniform rules that prohibit any type of pin or sticker.
The U.S. Court of Appeals for the Fifth Circuit upheld a National Labor Relations Board decision that said the rule violated the employee's rights to concerted speech. The appeals court noted that the restaurant chain requires its employees to wear company-issued buttons twice a year, one for Christmas holiday and another that solicits donations to the In-N-Out Foundation focusing on preventing child abuse and neglect.
In its petition to the high court, the California-based burger chain's attorneys cited the divided Supreme Court decision last year in Janus v. AFSCME, which said public-sector unions can't force the collection of so-called fair share fees from nonmembers. Littler Mendelson shareholder Bruce Sarchet in Sacramento said the NLRB was compelling an employer to endorse a pro-union message by allowing the buttons.
The U.S. Justice Department asked the Supreme Court to reject In-N-Out Burger's argument, saying that the lower courts need to examine the scope of Janus decision. State and federal courts are still exploring the reach of the decision in Janus.
“Indeed, lower courts have had just over six months to consider the scope of Janus, and few decisions have yet applied it outside the agency-fee context in which it arose. Further percolation on this issue is plainly warranted,” Noel Francisco, the U.S. solicitor general, wrote in a filing at the high court.
In the Janus case, the Justice Department had urged the justices to overturn decadesold precedent to rule that public-sector unions could not force nonmembers to pay “fair share fees.” The divided Supreme Court, led by Justice Samuel Alito Jr., concluded those fees violated the First Amendment speech rights of nonunion members.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSuit Over Citric Acid in Kraft Mac & Cheese Survives Challenge
Walmart Accused of Misrepresenting 'Cheese' Ingredients in Great Value's Macaroni & Cheese
3 minute readJudge Dismisses Microplastics Suit Against Evian's 'Natural Spring Water'
5 minute readKraft Heinz Hires GC of Industrial Manufacturer as Legal Chief
Trending Stories
- 1Litera Acquires Document Automation Startup Offices & Dragons
- 2Patent Trolls Come Under Increasing Fire in Federal Courts
- 3Transforming Dispute Processes in Law: The Impact of Large Language Models
- 4Daniel Habib to Serve as Next Attorney-in-Charge of NY Federal Defender Appeals Unit
- 5Protecting Attorney-Client Privilege in the Modern Age of Communications
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250