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What I've Been Reading This Week


Confirmation hearings for a new United States Supreme Court Justice, Brett Kavanaugh, have made headlines this week.  Unfortunately for readers of this blog, Judge Kavanaugh's position on employment and labor law related matters has not taken center stage.  In an effort to remedy that, I want to lead this post off with an article which touches on a wide range of his prior opinions in an effort to predict how he might rule on similar cases, should he be appointed to the Supreme Court.

As always, below are a couple articles that caught my eye this week.


How Would a Supreme Court Justice Kavanaugh Handle Employment Law Matters?

Readers might have seen some of the confirmation hearings that have occurred this week for President Donald Trump's Supreme Court nominee, Brett Kavanaugh.  When President Trump nominated Judge Kavanaugh, currently a Judge on the D.C. Circuit Court of Appeals, earlier this summer, Fisher & Phillips LLP took an in depth look at how Judge Kavanaugh might rule, should he be confirmed to the Supreme Court.  Of all the articles I have come across on Judge Kavanaugh (and his view toward labor & employment law related matters), this is one of the most concise and well thought out articles I have read.  Well worth a review for those looking for an insight into how Judge Kavanaugh might rule, should he be confirmed.


Michigan's Minimum Wage & Tip Credit Hike Raises Concerns Among Employees & Employers Alike

As a follow up to yesterday’s post, Breana Noble at The Detroit News wrote an article this past Monday which addressed widespread concern among both employees and employers in Michigan in regard to a proposed increase in the minimum wage and tip credit in the state.  The current hourly minimum wage rate of $9.25 could go up to $12 by 2022 with the tip credit increasing from $3.52/hour up to $12 by 2024.  However, some employees fear that with these changes, employers will reduce employee work hours in order to cut back on rising labor costs.  As a result, fewer work hours would negatively impact the pocket books of many workers in the state.  On the other hand, many businesses have expressed concern about being able to afford an increase in labor costs and have suggested that layoffs or even closure of their businesses are possible.  Depending on how the Michigan Legislature amends this bill before it becomes law next March, there could potentially be negative consequences, for both employees and employers, that result.


Following Missouri Victory, Right to Work Opponents Turn Eyes to Michigan

This article from The Detroit News notes a rising sense of optimism among labor groups and right to work opponents in Michigan as a result of Democratic nominee for Governor, Gretchen Whitmer, and her plan to repeal the state’s right to work law if elected in November.  Whitmer has made the repeal a major talking point in the campaign so far as she has stated that she intends the repeal the 2013 law.  It is interesting to note that while union membership in the state declined right after the law went into effect, it has apparently rebounded in subsequent years.  Will right to work be a motivating factor for voters in November?  Some legal experts doubt it will be a hot button issue for most voters.  Regardless of who wins the race, however, I would expect either side to claim victory and point to the election results as a de facto referendum on the viability (or lack thereof) of the state’s right to work law.

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