The Supreme Court struck a major blow to public sector unions yesterday. The Janus ruling held that the First Amendment prohibits states from requiring non-union members to pay so-called “agency fees” to the union that represents them. Sharon Block and Ben Sachs suggest some ways states can support unions to avoid the First Amendment problem, and at OnLabor Senators Blumenthal and Whitehouse write about the “dark money” that financed the Janus litigation. A separate post today will collect reactions to the Janus opinion.
OnLabor contributor Jared Odessky has an op-ed in the New York Times arguing that Janus will hurt LGBT workers. Because many large unions represent both public and private-sector employees, the elimination of agency fees affects all unionized workers. In the 29 states that lack full employment protections for LGBT workers, a collective bargaining agreement with a nondiscrimination clause is often an employee’s only protection. And even where workers are protected by state law, their employers often require them to sign arbitration clauses as a condition of employment; unions offer employees a chance to negotiate against forced arbitration and use grievance procedures if they experience discrimination.
As the unemployment rate continues to decline, some employers are seeking to hire foreign laborers through the H-2B visa program. The visas permit employers to hire seasonal non-farm workers, many of whom work in landscaping. But Congress recently imposed new limits on the number of visas available, causing consternation among some employers who say they simply cannot fill the jobs with American workers and stay in business.
The City is Seattle asked the full 9th Circuit to review a May decision by a panel of three judges that revived a suit challenging a Seattle ordinance that allowed rideshare drivers to unionize. That decision, which OnLabor covered here, put Lyft and Uber drivers’ right to unionize in limbo.
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July 9
In Today’s News and Commentary, the Supreme Court green-lights mass firings of federal workers, the Agricultural Secretary suggests Medicaid recipients can replace deported farm workers, and DHS ends Temporary Protected Status for Hondurans and Nicaraguans. In an 8-1 emergency docket decision released yesterday afternoon, the Supreme Court lifted an injunction by U.S. District Judge Susan […]
July 8
In today’s news and commentary, Apple wins at the Fifth Circuit against the NLRB, Florida enacts a noncompete-friendly law, and complications with the No Tax on Tips in the Big Beautiful Bill. Apple won an appeal overturning a National Labor Relations Board (NLRB) decision that the company violated labor law by coercively questioning an employee […]
July 7
LA economy deals with fallout from ICE raids; a new appeal challenges the NCAA antitrust settlement; and the EPA places dissenting employees on leave.
July 6
Municipal workers in Philadelphia continue to strike; Zohran Mamdani collects union endorsements; UFCW grocery workers in California and Colorado reach tentative agreements.
July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.