Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, a proposed federal labor law overhaul, SCOTUS declines to undo a $22 million FLSA verdict, and a railroad worker’s ADA claim goes to jury trial.
Republican senator Bill Cassidy introduced a broad package of labor reform bills that would overhaul US labor law for the first time in decades. The proposals mainly target the NLRB, union elections, decertifications, and unfair labor practices. Measures include the NLRB Stability Act, which would bind the board to court precedent to curb changes in Board policy during changes in administration, as well as the Workers RESULTS Act, which would redefine bargaining representative to include only representatives selected by a majority in secret ballot elections run by the Board (i.e., not chosen through majority sign up procedures) and in which the “majority” is redefined as “the majority of voters in a secret ballot election in which not less than two-thirds of all employees in the unit vote.” Other bills included policies such as requiring evidence when filing unfair labor practices, disclosing union political spending, and classifying hiring undocumented workers as an unfair labor practice. Major unions, such as the Teamsters, have criticized the effort and have encouraged for focus on alternatives like the bipartisan Faster Labor Contracts Act, which promotes arbitration to decrease the time it takes to reach a collective bargaining agreement.
The Supreme Court declined to hear East Penn Manufacturing’s appeal over how to calculate compensable time for pre- and post-shift tasks under the Fair Labor Standards Act (FLSA), leaving a $22 million dollar verdict intact. The enforcement action against East Penn was filed by the DOL for the company’s non-payment for time spent donning uniforms to work in a hazardous lead-acid battery factory and time spent showering and changing out of the uniform after their shift had concluded. The company argued that the Court should resolve what they describe as a circuit split between the appellate courts and revisit 1956 precedent that stated time spent donning and doffing protective work gear is compensable under FLSA.
A federal judge ruled that a jury must decide whether Union Pacific Railroad violated the Americans with Disabilities Act (ADA) by removing track worker Phil Silos from his job due to hip problems. Union Pacific argued that restrictions Silos’ work related physical activities were justified to prevent falls but the US District Court for the District of Nebraska found no evidence that Silos was unable to perform essential tasks. However, the Court said questions remain about whether Silos was a qualified individual with a disability and if he posed a direct threat to safety that must be answered by a jury. In addition, Silos’ failure-to-accommodate claim was dismissed because he never requested a specific accommodation.
Daily News & Commentary
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December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.
December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume