The US Supreme Court has set dates for oral arguments in three employment law cases, listed below. For a full list of pending Supreme Court cases, see US Supreme Court Watch.
- NLRB v. Noel Canning -- (1) Whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate; (2) whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arose during that recess; and (3) [added by the Court] whether the President's recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions. Oral argument January 13.
- United States v. Quality Stores -- Are severance payments made to employees whose employment was involuntarily terminated subject to FICA tax? Oral argument January 14.
- Harris v. Quinn -- Constitutionality of compelling home-care providers to make payments to a union that represents their interests before state agencies. Oral argument January 21.