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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January 18
Met Museum workers unionize; a new report reveals a $0.76 average tip for gig workers in NYC; and U.S. workers receive the smallest share of capital since 1947.
January 16
The NLRB publishes its first decision since regaining a quorum; Minneapolis labor unions call for a general strike in response to the ICE killing of Renee Good; federal workers rally in DC to show support for the Protecting America’s Workforce Act.
January 15
New investigation into the Secretary of Labor; New Jersey bill to protect child content creators; NIOSH reinstates hundreds of employees.
January 14
The Supreme Court will not review its opt-in test in ADEA cases in an age discrimination and federal wage law violation case; the Fifth Circuit rules that a jury will determine whether Enterprise Products unfairly terminated a Black truck driver; and an employee at Berry Global Inc. will receive a trial after being fired for requesting medical leave for a disability-related injury.
January 13
15,000 New York City nurses go on strike; First Circuit rules against ferry employees challenging a COVID-19 vaccine mandate; New York lawmakers propose amendments to Trapped at Work Act.
January 12
Changes to EEOC voting procedures; workers tell SCOTUS to pass on collective action cases; Mamdani's plans for NYC wages.