Anjali Katta is a student at Harvard Law School.
In today’s news and commentary the NTEU petitions for reconsideration for the CFPB layoff scheme, an insurance company defeats a FLSA claim, and a construction company violated the NLRA by surveilling its unionized workers.
The National Treasury Employees Union is urging the D.C. Circuit to reconsider a three-judge panel decision that sanctioned the termination of most workers at the Consumer Financial Protection Bureau. The NTEU argues that the ruling departs from established precedent and renders “the judiciary incapable of enforcing bedrock separation-of-powers principles.” The previous panel decision found that the district court lacked jurisdiction and the plaintiffs didn’t target a final agency action under the Administrative Procedure Act. A pause on layoffs remains while the court reviews the case.
Anthem, a large health insurance company, defeated a Fair Labor Standards Act lawsuit brought by registered nurses who claimed they were wrongly denied overtime pay. A federal judge ruled the nurses were exempt from requirements under FLSA as they were learned professionals. Thus, the court found that Anthem correctly classified these nurses and they were not entitled to overtime pay. The court found the nurses were learned professionals as they used advanced, specialized knowledge in their roles, and had the ability to act independently despite structured processes. The court also cited to testimony which showed they relied on clinical judgment and nursing expertise, which couldn’t be acquired through on-the-job training alone.
An NLRB judge ruled that InfraSource Services, a construction company, must revise its handbook policies as it unlawfully installed AI-powered surveillance cameras in company vehicles without bargaining with its workers and their unions. Workers in seven facilities in Washington state are represented by the International Union of Operating Engineers and the United Association of Plumbers and Pipefitters. The company installed cameras in early 2024 to monitor distracted driving and crash incidents. Union officials held multiple meetings with management throughout the year, but the company moved forward with the installations and updated its employee handbook to prohibit all forms of distracted driving. The judge found the unilateral changes in surveillance and the handbook unlawful along with the disciplinary action taken against workers who covered their cameras. The judge found that the management rights clause in the collective bargaining agreement, which reserves the right of the employer to maintain efficiency, did not explicitly authorize video or audio monitoring of employees. The judge ordered the company to rescind the policies, bargain with the unions, and clear disciplinary records.
Daily News & Commentary
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November 12
Starbucks and the NLRB face off over a dress code dispute, and mental healthcare workers face a reckoning with AI.
November 11
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.
November 10
Meta unveils data center ads; partisan government emails blocked by judge; thousands protest in Portugal.
November 9
University of California workers authorize the largest strike in UC history; growing numbers of legislators call for Boeing to negotiate with St. Louis machinists in good faith; and pilots and flight attendants at Spirit Airlines agree to salary reductions.
November 7
A challenge to a federal PLA requirement; a delayed hearing on collective bargaining; and the IRS announces relief from "no tax on tips" reporting requirements.
November 6
Starbucks workers authorize a strike; Sixth Circuit rejects Thryv remedies; OPEIU tries to intervene to defend the NLRB.