Supreme Court Voids Part of Family Leave Act

Crooks and Liars ^ | March 22, 2012 | Nicole Belle

[Beaten Valve]

State workers who are denied unpaid sick leave required by federal law cannot sue the states, the Supreme Court said in a victory for states' rights that some liberal advocates saw as a bad omen for President Obama's healthcare law.

The 5-4 decision is a setback for millions of employees of state agencies and state colleges, and it voided in part a provision in the Family and Medical Leave Act of 1993. Among other things the act said that employees had a right to take up to 12 weeks of unpaid leave to recover from an illness or childbirth.

The rights of employees of private companies are unchanged by the ruling.

[skinkinthegrass]

drip..drip..drip..OBozo's (DEATH)CARE.

[montag813]

this is a victory for non-union American workers and the U.S. economy, as it removes a huge impediment to companies offering jobs here.

[Thane_Banquo]

this is a victory for non-union American workers and the U.S. economy, as it removes a huge impediment to companies offering jobs here.

Actually, the ruling only affects employees of state governments, not private companies.

[lp boonie]

...it removes a huge impediment to companies offering jobs here.
______________
Not really. This was more of a State sovereignty issue and doesn't apply to the requirements on private companies.

[IronJack]

The 5-4 decision is a setback for millions of employees of state agencies and state colleges

And a victory for the poor slobs who have to pay the bill for a bunch of slackers.

[Buckeye McFrog]

this is a victory for non-union American workers and the U.S. economy, as it removes a huge impediment to companies offering jobs here.

Actually it does none of that. Only says that the Federal Government can't force stated to go along with FMLA for their own employees due to states rights. Private employers still have to eat the crap sandwich.

[CodeToad]

This is BS. How can the States have more rights than the people?

[Lurking Libertarian]

This is BS. How can the States have more rights than the people?

I haven't read the decision yet, but I assume it relies on the 11th Amendment, which says that states cannot be sued in federal court.

[traditional1]

Ruh-Roh

Union Members pile up the over-time while co-workers regularly take "Family Leave", and then it's THEIR turn.

This should be fought by the SEIU, AFSCM, etc., as their "CONTRACT" says they have "RIGHTS".

[Tublecane]

“I haven’t read the decision yet, but I assume it relies on the 11th Amendment, which says that states cannot be sued in federal court.”

No, it doesn’t. That’s what it’s been interpreted to mean, though it actually says that citizens of one state can’t sue another state. SCOTUS has unaccountably extended that to mean citizens can’t sue their own states. Or at least not in some cases. Just like with Obamacare, there are all sorts of exceptions. For instance, you can sue states in federal court for violating your civil rights. Especially if you are a member of a protected race/sex/orientation group.

[Tublecane]

“This is BS. How can the States have more rights than the people?”

By selectively favoring the “states” part and xing out the “people” part of the 10th amendment.

[BuckeyeTexan]

SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

[SoFloFreeper]

cool.

[pierrem15]

There's a long standing precedent that holds states are immune from Federal labor laws on the basis of Federalism-- the states cannot be directly coerced by the Federal government, otherwise it makes the states agents of the Federal government.

What's interesting is that 4 justices wanted to overturn that precedent.

[kabar]

If Obama serves another term, these 5-4 decisions will start going their way.

[skinkinthegrass]

not necessarily; IF he gets re-elected...
he won't need the congress or the courts.
*Nazi salute*
HEIL! OBAMA!
our historical freedoms shall be forfeit
from the Bill of USA Rights to the Laws of Chinese Rights..
You can work/vote for dear leader OBOZO; everything
else is severely restricted or forbidden.