Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, Texas pauses H-1B hiring; the NLRB General Counsel announces new procedures and priorities; and the Fourth Circuit rejects a teacher’s challenge to a pronoun policy.
On Tuesday, Texas Governor Greg Abbott sent a letter to state agencies and universities directing them to cease sponsoring H-1B visas. The order effectively ends state hiring of foreign workers through the visa unless advance permission is obtained from the Texas Workforce Commission; Abbott claimed that the visas have “too often been used to fill jobs that otherwise could—and should—have been filled by Texans.” The move comes in the context of increasing restrictions on the program across the country: last month, a court upheld President Trump’s effort to add a $100,000 fee to the program, and Florida is also set to consider a pause on H-1B hiring at state universities today.
Meanwhile, the NLRB’s new General Counsel, Crystal Carey, announced several changes to her office’s procedures and legal strategy yesterday. As Bloomberg Law reports, the General Counsel traditionally publishes a “Mandatory Submissions to Advice” memo outlining policy priorities and precedents to consider challenging. Carey’s memo declined to identify specific policies or precedents, however, instead stating that her “priority is to address the backlog of cases, not add to it.” Yesterday, Carey’s office also affirmed a new protocol for docketing unfair labor practice charges: rather than immediately assigning cases to a board agent for investigation, charges will be placed on an “unassigned list,” where they will stay until additional documentation is submitted and a board agent becomes available. This change builds on some practices of the Biden administration — though it will delay some initial investigations, Carey’s press release promises that it will “improve[] efficiency by ensuring that cases are not assigned to Board agents who are already carrying heavy caseloads.”
Finally, yesterday the Fourth Circuit ruled against a substitute teacher who claimed a right to a religious accommodation from a school system’s pronoun policy. The plaintiff taught at public schools in Montgomery County, Maryland, where the school district has required that teachers use their students’ preferred pronouns since 2019. Substitute teachers are required to affirm they will follow the district’s guidelines, and the plaintiff declined to do, citing her Christian faith. The court rejected her First Amendment claims, reasoning that the plaintiff failed to allege sufficient hostility towards religion. But with significant cases about trans rights and religious freedom pending in the Supreme Court, this issue is one that may be far from settled.
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March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]
March 6
The Harvard Graduate Students Union announces a strike authorization vote.
March 5
Colorado judge grants AFSCME’s motion to intervene to defend Colorado’s county employee collective bargaining law; Arizona proposes constitutional amendment to ban teachers unions’ use public resources; NLRB unlikely to use rulemaking to overturn precedent.
March 4
The NLRB and Ex-Cell-O; top aides to Labor Secretary resign; attacks on the Federal Mediation and Conciliation Service