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
Start your day with our roundup of the latest labor developments. See all
August 8
DHS asks Supreme Court to lift racial-profiling ban; University of California's policy against hiring undocumented students found to violate state law; and UC Berkeley launches database about collective bargaining and workplace technology.
August 7
VA terminates most union contracts; attempts to invalidate Michigan’s laws granting home care workers union rights; a district judge dismisses grocery chain’s lawsuit against UFCW
August 5
In today’s news and commentary, a pension fund wins at the Eleventh Circuit, casino unionization in Las Vegas, and DOL’s work-from-home policy changes. A pension fund for unionized retail and grocery workers won an Eleventh Circuit appeal against Perfection Bakeries, which claimed it was overcharged nearly $2 million in federal withdrawal liability. The bakery argued the […]
August 4
Trump fires head of BLS; Boeing workers authorize strike.
August 3
In today’s news and commentary, a federal court lifts an injunction on the Trump Administration’s plan to eliminate bargaining rights for federal workers, and trash collectors strike against Republic Services in Massachusetts.
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.