Maddy Joseph is a student at Harvard Law School.
The Supreme Court will consider whether agency-fee agreements in the public sector are constitutional. Read our round up of coverage on the cert. grant in Janus v. AFSCME here.
In other Supreme Court news, at Slate, Daniel Hemel explores Murphy Oil‘s potential impact on workers’ ability to pursue wage claims against their employers. Oral arguments in three consolidated cases, including Murphy Oil, are on Monday. Check here for more on the cases.
Customers who staffed a for-profit consignment shop in exchange for the opportunity to shop before others could were employees under the FLSA and were entitled to wages. Earlier this week, a D.D.C. judge upheld DOL’s determination that “consignor/volunteers” were employees, given their expectation of benefits in exchange for work, how integral their labor was to the business, and the degree of control the business had over volunteers, among other factors.
After a unionization vote at a Mississippi Nissan plant failed, the UAW filed a complaint with the NLRB alleging that Nissan “continues to maintain an employee surveillance, data collection and rating system that records employee union activity and rates workers according to their perceived support or opposition to the UAW.” Bloomberg obtained the complaint and has a summary.
Drawing on a recent report from the Century Foundation, a story in The New Republic argues that workers and unions should adopt a constitutional rights-based strategy to protect activities like strikes and union organizing.
Daily News & Commentary
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March 2
Block lays off over 4,000 workers; H-1B fee data is revealed.
March 1
The NLRB officially rescinds the Biden-era standard for determining joint-employer status; the DOL proposes a rule that would rescind the Biden-era standard for determining independent contractor status; and Walmart pays $100 million for deceiving delivery drivers regarding wages and tips.
February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]