Henry Green is a student at Harvard Law School.
In today’s news and commentary, the Treasury releases a draft list of occupations eligible for the “No Tax on Tips” tax break, a Texas Court rejects the NLRB’s effort to transfer a case to California, and the 9th Circuit rules against firefighters suing their employer for refusing them religious exemptions from the COVID-19 vaccine mandate.
The Treasury has released a draft list of occupations eligible for a tax break on tipped income, Bloomberg reports. The list includes a wide range of job categories that go beyond food service and hospitality workers: home maintenance workers, tutors, DJs, podcasters, and social media influencers could also benefit from the exemption. Forthcoming regulations published in the Federal Register are expected to include a substantially similar list, per the article.
Bloomberg reports that a federal judge in the Eastern District of Texas ruled against the NLRB as the agency attempted to transfer a case involving a California-based marine construction company to California. The ruling means the company, which is seeking an injunction to block ULP proceedings based on a claim that the NLRB’s structure is unconstitutional, can keep its case in Texas and take advantage of favorable 5th Circuit precedent. The 5th Circuit earlier this month endorsed similar preliminary injunctions sought by employers bringing constitutional challenges to Board proceedings. In a ruling last week, Judge Marcia Crone denied the NLRB’s request to transfer the case to the Northern District of California. Judge Crone agreed with the company that venue was proper in Texas because several events giving rise to the controversy occurred in the Eastern District of Texas, including organizing efforts, NLRB elections, and alleged retaliatory layoffs. The Court rejected the Board’s arguments that the employer’s claims “target the NLRB’s administrative process, not the merits of the ULP complaint,” distinguishing previous cases that were transferred where elections and alleged ULP’s occurred in other states.
Law360 reports that a 9th Circuit panel affirmed a lower court ruling against a group of firefighters suing their employer for refusing them exemptions from a state COVID-19 vaccination mandate. The eight plaintiff firefighters sued a fire authority in Washington state, which required unvaccinated firefighters to use leave days and then apply for a one-year leave of absence, rather than allowing them to continue working. The unvaccinated firefighters were allowed to return to their jobs “after case rates subsided in May 2022,” per the article. The 9th Circuit panel affirmed the lower court’s decision that allowing the firefighters to continue working would have imposed an undue hardship on the agency, citing factors including the health and safety of the public, risks to operations, and the potential loss of a lucrative contract with a state agency.
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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.
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 […]