Philippa Marks is a student at Harvard Law School.
In today’s news and commentary, the U.S. Court of Appeals for the D.C. Circuit announces the latest installment of a labor dispute spanning over a decade, the Minnesota Department of Labor settles the largest wage theft case ever brought by the department and an alliance of New Mexican union and immigration groups organizes a walkout on Friday to commemorate International Workers Day.
In a case spanning more than a decade, the U.S. Court of Appeals for the District of Columbia ruled on Tuesday that the NLRB misapplied its standard for determining whether a worker’s statements were protected by the NLRA. In 2024, the Board found that Oncor Electric Delivery Co., a Texas utility company, unlawfully fired employee Bobby Reed when he raised safety concerns about smart meters over a decade before. Oncor fired Reed in 2013 for violating its code of conduct by allegedly giving false accounts of the meters causing fires at a Texas Senate hearing. Reed’s union, an affiliate of the International Brotherhood of Electrical Workers, filed charges against Oncor beginning a series of decisions that would ricochet between the Board and the DC Circuit over the next twelve years. In the most recent installment, Judge Neomi Rao, writing for the Court of Appeals held that Reed’s termination was legal and that the Board misapplied the Jefferson Standard test, “because nothing in [Reed’s] testimony communicated a connection to a labor dispute between the Union and Oncor” and consequently was unprotected by the NLRA.
Next, two construction subcontractors agreed to pay $1.28 million in back wages and damages to 26 workers, settling the largest wage theft case ever brought by the Minnesota Department of Labor and Industry. Allegations of wage theft were first reported in 2022 at a mixed-use development called Viking Lakes, built by the Wilf family who own the Minnesota Vikings. Though the investigation began at Viking Lakes, it expanded to include wage and hour violations by the same two subcontractors at 18 other apartment projects. Minnesota Department of Labor and Industry Commissioner Nicole Blissenbach described this as a “big win for workers across the construction industry” at a press conference on Monday.
Finally, an alliance of New Mexico immigrant groups and unions are urging a walkout of work and school this Friday. Friday, May 1, marks International Workers day, a holiday that celebrates the use of strikes to enact the eight-hour work day. Organizers, including the Teamsters Local 492, are planning a demonstration that includes nearly forty groups to commemorate the holiday and also show opposition to the Trump administration’s immigration enforcement and global war policies. Neidi Dominguez, the executive director of labor group Organized Power in Numbers told reporters, “We’re going to show what we can do together and remind people that we have collective power.”
Daily News & Commentary
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August 5
Clash over potential change to Canada’s labor code; Harvard’s Center for Labor and a Just Economy releases model sectoral bargaining laws; NJ sues Amazon for antitrust violations.
August 4
WestJet reaches a deal to end a flight attendant strike; the NLRB rules Whole Foods legally banned Black Lives Matter display; a commentary argues college athletes should have the right to collectively bargain.
August 3
Queens College faculty stage protest; UAW holds presidential debate; the Protect College Sports Act gets new life.
August 2
WestJet flight attendants go on strike, and the American Federation of Government Employees challenges another VA attempt to terminate its collective bargaining agreement.
July 31
Legislators move to end mandatory arbitration in employment contracts; NYC tip laws result in greater pay for delivery workers; women's college basketball players seek to unionize.
July 30
Supreme Court denies Cemex's bid to pause bargaining order; employers remain exposed to Title VII suits over English-only rules; Texas judge declines to enjoin NLRB proceeding despite unconstitutional removal protections.