Mackenzie Bouverat is a student at Harvard Law School.
In Christian Labor Ass’n v. City of Duluth, the U.S. District Court for the District of Minnesota has held that an independent union — along with three businesses and two independent workers — have standing to sue three Minnesota cities and a public sanitary district for project labor agreements which allegedly run afoul of the Supreme Court’s decision in Janus v. AFSCME. The project labor agreements at issue require non-members to pay fees to the building trade unions to work on publicly-funded projects; this, the District Court held, may violate the Supreme Court’s holding that mandatory union fees violate the First Amendment rights of public workers.
The Ninth Circuit has permitted a proposed class action Title VII suit to proceed against Nevada’s Chicken Ranch brothel, lifting a temporary stay on the proceedings while the brothel applied to have the Ninth Circuit Court of Appeals determine whether the brothel was an “employer” under the Civil Rights Act. The Court of Appeals declined to review. The case involves two black employees of the brothel who claim that they were harassed, retaliated against and denied equal job rights throughout their employment at the brothel. The pair seeks to represent themselves and other similarly-situated workers. The case is Byars v. W. Best LLC.
In light of record-high temperatures across the United States, OSHA has indicated that it is “seriously considering emergency rulemaking” on “Heat Illness Prevention in Outdoor and Indoor Work Settings.” While the agency’s development of a nonemergency standard is underway, it has not scheduled a request for information on the rule until October.
Daily News & Commentary
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December 2
Fourth Circuit rejects broad reading of NLRA’s managerial exception; OPM cancels reduced tuition program for federal employees; Starbucks will pay $39 million for violating New York City’s Fair Workweek law; Mamdani and Sanders join striking baristas outside a Brooklyn Starbucks.
December 1
California farmworkers defend state labor law, cities consider requiring companies to hire delivery drivers, Supreme Court takes FAA last-mile drivers case.
November 30
In today’s news and commentary, the MSPB issues its first precedential ruling since regaining a quorum; Amazon workers lead strikes and demonstrations in multiple countries; and Starbucks workers expand their indefinite strike to additional locations. Last week, the Merit Systems Protection Board (MSPB) released its first precedential decision in eight months. The MSPB had been […]
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]