2014 Supreme Court Employment Law Commentary

47 Pages Posted: 4 Oct 2014

Date Written: September 28, 2014


This article, which is an annual review of the Supreme Court's work in the employment area, examines in detail every decision of the Court's 2013-2014 term relating to employment and labor law, with commentary on each case and additional information about the Court's work during that term and the upcoming one. Detailed examination of the 2013 Term's employment decisions, of course, can be much more revealing than a simple box score of wins and losses for employers and employees. The author therefore uses the latest term's cases as a lens for examining broader aspects of the Court's jurisprudence, such as the continued vitality of our framework of employment regulation. What this closer look discloses is a deeply divided Court that belies a unanimity hailed by many observers as a new development this term. The article concludes that the Roberts Court's signature continues to be written by a bare, but energetic, majority bent on deregulation of the employment relationship.

Keywords: Supreme Court, employment, labor, unions, employers, employees, jurisprudence

JEL Classification: J4, J5, J7, K29, K31, K41

Suggested Citation

Harkavy, Jonathan Ross, 2014 Supreme Court Employment Law Commentary (September 28, 2014). Available at SSRN: https://ssrn.com/abstract=2504856 or http://dx.doi.org/10.2139/ssrn.2504856

Jonathan Ross Harkavy (Contact Author)

Patterson Harkavy LLP ( email )

Box 29269
Greensboro, NC 27429
United States
336 370-4200 (Phone)
336-274-8490 (Fax)

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