Posts tagged injunction
District Court Blocks Implementation of Overtime Final Rule for State Employees in Texas
July 8, 2024 // For now, however, the rule is in effect. As of July 1, 2024, the minimum salary threshold of the overtime pay regulations is set at $43,888, while the threshold for highly compensated employees is now $132,964. The next round of increases is scheduled to go into effect on January 1, 2025. Additionally, in another case challenging the rule, the U.S. District Court for the Northern District of Texas rejected software company Flint Avenue’s request for an injunction to block implementation of the rule nationwide. The court ruled that the company had not shown it would face irreparable harm if the rule went into effect, so it was not entitled to a preliminary injunction. The Northern District’s decision does not impact the Eastern District’s order, however.
UC student workers expand strike as they demand amnesty for protestors
May 31, 2024 // While the strike is technically distinct from the larger protest movement against the war, the two movements are related. Last Thursday, several hundred UCLA members of the UAW 4811 held a rally in support of their impending strike. Moments later, they joined a student-led protest demanding that the UC call for a ceasefire and divest from weapons manufacturers and the Israeli economy. That same day, protesters erected a short-lived encampment and temporarily took over a campus building before being pushed out by police. It was a clear sign that, despite hundreds of arrests in May, thousands of students, union members and some faculty remain passionate about their pro-Palestinian advocacy.
National Labor Relations Board seeks injunction against Pittsburgh Post-Gazette amongst strike
April 23, 2024 // In January of last year, a National Labor Relations Board judge ordered the Post-Gazette back to the bargaining table saying the newspaper had been bargaining in bad faith since 2019 and prematurely declared an impasse.
Groups lose latest court attempt to block California’s AB5 from state’s trucking sector
March 20, 2024 // “Remedying complexities and perceived deficiencies in AB5 are the kind of work better left to the soap box and the ballot box than to the jury box,” Benitez wrote in his decision. “If sufficient political or economic pressure can be brought to bear by [CTA and OOIDA] and their supporters, the more onerous provisions of the statute can be amended. The courts, on the other hand, are not the proper bodies for imposing legislative amendments.”
The Buckeye Institute: Courts Shouldn’t Simply Defer to NLRB’s Interpretation of Facts
March 4, 2024 // “When the National Labor Relations Board sues a private company, the government should not get special treatment on its request for a preliminary injunction,” said David C. Tryon, director of litigation at The Buckeye Institute. “When it granted the government’s request for a preliminary injunction, the Sixth Circuit got it wrong. The proper standard—according to centuries of court practice—is to employ equity and consider the harms to both the company and its employees.”
Right to Work Foundation SCOTUS Brief: Workers Exercising Right to Oppose Unions Isn’t “Harm” to Be Eliminated
March 1, 2024 // Foundation attorneys argue that “the Court must require the NLRB to prove employees were unlawfully coerced not to support a union because, absent such proof, employees have every right to make that choice”
A Lawsuit Seeks to Stop the National Destruction of Trucking Through the DOL Indep. Contractor Rule
February 14, 2024 // The U.S. DOL is using bureaucratic means to make an end-run around already failed legislation (see The PRO Act) in order to destroy independent professionals and small businesses across the nation. The Rule embeds the same tenets found in the ABC Test, which supports AB5, and we all know how well that went in California. The state's trucking industry, in particular, continues to fight hard against AB5, and their battle is being watched by the rest of the industry in other states. Now, a Louisiana business has filed a lawsuit to stop the rule, which is scheduled to take effect on March 11.
The Supreme Court is getting involved in the fight over unionizing at Starbucks
January 25, 2024 // HSU: Starbucks said the workers had violated multiple company policies, including by allowing a TV crew into the store after hours. The workers believe they were fired because they were trying to unionize. Florentino Escobar is one of the Memphis Seven. He calls what's happening now a war. FLORENTINO ESCOBAR: Not only with us, but I feel like now it's with all U.S. workers.
Buffalo Starbucks Baristas Blast National Labor Relations Board’s Move to Trap Workers in Union at Court of Appeals
November 29, 2023 // “Given the biases of the current Board, it is disheartening ― but not surprising ― to see the NLRB claim Cortes’ petition is the product of Starbucks’ alleged unfair labor practices,” the brief states. “Its own records show that nothing could be further from the truth. In reality, Cortes collected her petition because of the Union’s anti-employee behavior.” The employees’ brief also contends that the relief NLRB lawyers are seeking from the Second Circuit – a 10(j) injunction under the National Labor Relations Act (NLRA) that will force Starbucks managers into working with SBWU union bosses to craft a monopoly bargaining contract – is extreme. Such injunctions can only be ordered when the harm done to workers in their absence would be “irreparable.” Foundation attorneys argue that the fact that Cortes and other employees have attempted to decertify does not make any injuries suffered by the union “irreparable.” “The NLRB’s argument it needs an injunction to suppress decertification efforts already underway―which have already garnered majority support―is a tacit admission it is seeking to alter the status quo, not preserve it,” states the brief.
Lawyers will square off on California trucking’s latest AB5 exemption request
November 12, 2023 // AB5 is a state law that seeks to define independent contractors through the ABC test. For trucking, the B prong in the ABC test is a particular burden, as it defines an independent contractor as one who “performs work that is outside the usual course of the hiring entity’s business.” A trucking company hiring an independent owner-operator to move freight could be challenged under the B prong. The various participants in the case have filed briefs in recent weeks laying out their arguments that will be reiterated in court Monday. The last year has seen revised complaints from CTA and OOIDA, widening the scope of their arguments. Those revisions and the state responses have provided extensive documentation on the positions each side is taking in the case, which is formally known as CTA v. Bonta, after Rob Bonta, the state’s attorney general. (The original defendant in the case was then-Attorney General Xavier Becerra, now the Biden administration’s secretary of Health and Human Services.)