Ruth Bader Ginsburg on Jobs
Supreme Court Justice (nominated by Pres. Clinton 1993)
At oral argument, Ledbetter had watched RBG, alone among the men of the bench. "We were around the same age, and she too had been one of the first women to break into her profession," Ledbetter later wrote. "I might have been on the factory floor as she walked the hallowed halls of the American justice system, but I imagined that men in ties and men in jeans can act just the same."
"It's the story of almost every working woman of her generation, which is close to mine," RBG later said. "She is in a job that has been done by men until she comes along. She gets the job, and she's encountering all kinds of flak. But she doesn't want to rock the boat." RBG was now in steady enough a position to rock that boat.
Petitioner Hoffman Plastic Compounds, Inc. formulates chemicals for household products. In May 1988, Hoffman hired Jose Castro. Castro presented documents that appeared to verify his authorization to work in the US. In Dec. 1988, the AFL-CIO began a union-organizing campaign at Hoffman. Castro and several other employees supported the organizing campaign. In Jan. 1989, Hoffman laid off Castro and other employees engaged in these organizing activities.
The Fair Labor Standards Act of 1938 (FLSA) permits States and their political subdivisions to compensate their employees for overtime work by granting them compensatory time in lieu of cash payment. If the employees do not use their accumulated compensatory time, the employer must pay cash compensation under certain circumstances. Fearing the consequences of having to pay for accrued compensatory time, Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued time. Petitioner Christensen sued, claiming that the FLSA does not permit an employer to compel an employee to use compensatory time in the absence of an agreement.
Employers retain the ability to “cash out” of accrued leave at any time. That simple step is, after all, the method that the Department of Labor years ago suggested the county should pursue here, and that would achieve precisely the outcome the county has all along claimed it wants. I respectfully dissent.
|Other Justices on Jobs:||Ruth Bader Ginsburg on other issues:|
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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