2015 Supreme Court Employment Law Commentary

Abstract

This article, the author's annual review of the Supreme Court's work in the employment area, examines in detail every decision of the 2014-2015 term relating to employment and labor law, with commentary on each case and additional observations about the Court's work in this term and the upcoming one. This article's examination of the 2014-2015 term's employment cases reveals much more than a tally of victories and losses for employers and employees. The author uses the latest term's decisions as a lens for examining broader aspects of the Court's jurisprudence, particularly in light of changes in the structure of the work relationship itself. The article posits that the conventional wisdom that this term was a friendly one for employees is misleading, as the Roberts Court's signature continues to be written by a determined pro-capital, anti-worker majority bent on deregulating the employment relationship.

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

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