Archive for the ‘Supreme Court’ Category

The Supremes

December 15, 2014


In a recent case, Integrity Staffing Solutions v. Busk, the Supreme Court ruled that a company doesn’t always have to pay its workers.

Employees at Amazon are required to be screened before they can leave at the end of the day. This is so they can’t steal merchandise. The wait time to be screened can last up to twenty-five minutes. The workers are not paid for this time. Some workers sued to have this changed. (They sued Integrity Staffing Solutions, which supplies Amazon with workers.)

The court ruled against the workers, 9-0. That’s right, the liberal justices, including the recently beatified Ruth Bader Ginsburg, joined this decision. The opinion was written by Clarence Thomas. Thomas explained that the workers were not eligible to be paid, because the screenings were not “integral” to their work. Of course, if an employee refuses to submit to the screening, he will be fired, and so he will not be able to work for the company any more. So, in that sense, the screening is integral to his work, and he should be paid for it. What’s more, it’s an imposition on his time, which is reason enough that he should be paid for it.

George Orwell once pointed out that coal miners don’t get paid for the time they spend walking to their work stations, even though they may walk as much as a mile underground to get to them. Years ago, I had a job working for a restaurant. I remember that the cooks were not paid for the time they spent getting into and out of their uniforms. The owner was always bitching and moaning that the cooks were clocking in before they put their uniforms on. He was always threatening to fire people for it.

Addicting Info has tried to put an optimistic spin on the ruling. The article cites one sentence in Thomas’s opinion: “These arguments are properly presented to the employer at the bargaining table … not to a court in an FLSA claim.” The author argues:

    Clarence Thomas just put into a court decision that workplace issues involving compensated time must be handled in negotiations, the cornerstone of collective bargaining and unions, and not the courts. By blocking the courts, but with FLSA itself upheld This also means that companies can no longer fail to engage in negotiations, relying upon the courts to handle such matters – the Supreme Court just ordered them to the bargaining table. Tactics to block unionizing now can, and will be considered unconstitutional per this decision.

I think that this is reading a lot more into the decision than is really there. I suspect that if pressed on the matter, Thomas will deny that this is what he intended. This, after all, is a man who supported the Hobby Lobby ruling.

The ruling class is determined to nickel and dime us to death.

Hotel California

July 8, 2013

California Prisons

California’s prison system is a disgrace. Today, prisoners at the Pelican Bay prison are going on a hunger strike to protest the fact that they have been in solitary confinement for years, and in some cases, for decades. At almost the same time, there have been revelations that between 2006 and 2010, the prison system sterilized almost 150 women:

    Crystal Nguyen, a former Valley State Prison inmate who worked in the prison’s infirmary during 2007, said she often overheard medical staff asking inmates who had served multiple prison terms to agree to be sterilized.

    “I was like, ‘Oh my God, that’s not right,’ ” Nguyen, 28, said. “Do they think they’re animals, and they don’t want them to breed anymore?”

Eugenics is alive and well in the Golden State. Ah, but that is not the only problem. Gov. Jerry Brown has indicated that he will not comply with a court order that he reduce overcrowding in the state’s prisons, which are currently at 200% of their capacity. The courts have ordered the governor to reduce the prison population so that the prisons are at 137.5% capacity. That is, they are merely asking the state to make the prisons a little less overcrowded. Yet even that is too much for Gov. Brown, who wants to appeal the case to the Supreme Court a second time, even though the high court has already ruled that the state must comply with the lower court’s ruling.

Oh, and California is considered a “liberal” state.

Obamacare Lives

June 29, 2012

I owe John Roberts an apology. I had written him off as nothing more than a right-wing hack. It turns out that he is smarter than I thought. In arguing for the majority in their ruling on Obamacare, he wrote: “The federal government does have the power to impose a tax on those without health insurance.” That’s exactly what the individual mandate is: a tax on people who cannot afford health insurance.

All my liberal friends are high fiving one another over this decision. Yet this bill will not expand the social safety net. True, it does expand Medicaid, but it also makes cuts in Medicare. The result is a zero sum game. Obamacare will not solve the health care crisis. It will merely change the parameters of the crisis.