Labor Law Illiteracy: Epic Systems Corp. v. Lewis and Janus v. AFSCME
15 Pages Posted: 5 Sep 2018
Date Written: September 4, 2018
Abstract
Labor law, both as an academic discipline and a subject of public consciousness, is in decline. The Supreme Court’s recent decisions in Epic Systems v. Lewis and Janus v. AFSCME reflect a notable consequence of this decline – what I am calling labor law illiteracy. The majority in Epic Systems seems to misunderstand one of the basic principles of the National Labor Relations Act, and the majority in Janus based its decision, in part, on a simplistic and one-sided view of the justifications for public sector labor law and collective bargaining.
Suggested Citation: Suggested Citation
Yelnosky, Michael J., Labor Law Illiteracy: Epic Systems Corp. v. Lewis and Janus v. AFSCME (September 4, 2018). Roger Williams Univ. Legal Studies Paper No. 184, Available at SSRN: https://ssrn.com/abstract=3243854 or http://dx.doi.org/10.2139/ssrn.3243854
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