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.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
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.
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.