Tufts Medical Center nurses returned to work yesterday, ending a four-day lockout. As we recapped this weekend, the Massachusetts Nurses Association struck last Wednesday in the midst of a contract dispute. Tufts hired replacement nurses, whose five-day contracts led to the lockout. The Boston Globe raises the possibility that patient care worsened during the strike and lockout. Despite Mayor Marty Walsh’s urging that parties return to the bargaining table, no bargaining sessions are scheduled.
The Department of Homeland Security made 15,000 additional H-2B visas available for temporary nonagricultural workers on Monday. To obtain these visas, businesses must show that they are necessary to avoid irreparable harm—either severe financial loss or an inability to meet contract obligations. The announcement comes in the middle of the Trump Administration’s ‘Made in America’ week, which we wrote about yesterday.
Where other states have defanged non-compete clauses in employment contracts, Idaho has doubled down. Formerly, an employer alleging breach of the non-compete was required to demonstrate that a worker’s move harmed legitimate business interests. Now, the worker defending such a lawsuit must show that she cannot harm the former employer. This change impacts only “key” employees and independent contractors. We have written previously about non-competes here.
The NLRB’s recent brief in the Ninth Circuit case Wal-Mart Stores v. NLRB argues that a brief work stoppage organized by a union-backed group is statutorily protected activity. It was therefore an unfair labor practice for Wal-Mart to punish participating workers. Wal-Mart’s brief contends that the stoppage was a form of union solicitation, which is prohibited. Amici business groups emphasize the distinction between strikes where workers walk off the job and in-store work stoppages, asking if restaurant staff should be permitted to picket at customers’ tables.
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July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.
July 8
DOL plans to make changes to the PERM immigration program; three-day hearing on proposed forced-labor tariffs is underway; Mamdani recovers $2.3M in corporate settlements.
July 7
Former EEOC Commissioner drops her wrongful termination lawsuit following the Supreme Court’s ruling on Presidential removal power; unions sue Department of Defense over cancellation of collective bargaining agreements.
July 6
NY home health worker class action settlement secures preliminary approval; the NLRB upholds order finding Amazon violated federal labor law.
July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.