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.
Daily News & Commentary
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September 21
In today’s News and Commentary, the Seventh Circuit raises the bar for the NLRB to obtain preliminary injunctions, the California Primary Care Association sues SEIU-UHW for racketeering, and the Seventh Circuit finds that an employer group and think tank do not have standing to challenge an Illinois law banning captive audience meetings. On Friday, the […]
September 20
Culinary Workers Union members protests union leadership; lawsuit against OpenAI and Microsoft reveal internal concerns about the threat of AI training to human labor.
September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.