Henry Green is a student at Harvard Law School.
In today’s news and commentary, a construction contractor challenges a federal PLA requirement, the government asks to postpone a court hearing on collective bargaining rights for two federal unions, and the IRS announces relief from reporting requirements related to the no tax on tips policy.
An Alaska-based plumbing and heating contractor is seeking an injunction against a 2023 rule requiring project labor agreements on federal construction projects worth more than $35 million. The contractor’s complaint argues the rule exceeds the president’s “limited authority” under the federal Procurement Act and clashes with the law’s requirement to ensure federal contracting is “economical and efficient.” Law360 notes mixed results in prior challenges to the rule. Per the article, a suit brought in a Florida district court failed earlier this year, though the plaintiffs are appealing to the Eleventh Circuit. In another case, plaintiffs convinced the Court of Federal Claims that some applications of the rule were illegal, but did not get the rule itself overturned.
Law360 notes that the Department of Justice has moved to delay an upcoming hearing on a motion brought by two federal employee unions that lost collective bargaining rights under an August executive order. Citing the government shutdown, the DOJ last week asked the court to vacate a November 14th oral argument date. The argument would address a motion for a preliminary injunction brought by unions for the National Weather Service and Patent Office. The unions argue that the president can only exclude agencies with a primary function of intelligence, counterintelligence, or national security from collective bargaining. Their motion argues they are likely to succeed on the merits because they can rebut the “presumption of regularity” that governs applications of the national security exemption.
Bloomberg reports that in guidance on Wednesday the IRS said it would offer relief for employers that fail to meet reporting requirements related to the “no tax on tips” policy. Per the article, the One Big Beautiful Bill Act creates new reporting requirements for employers for amounts designated as cash tips. The guidance states that tax year 2025 “will be regarded as a transition period for purposes of IRS enforcement” of the new reporting requirements.
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March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
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.