Alexa Kissinger is a student at Harvard Law School.
After loud resistance from Democrats, the FCC voted to repeal Obama-era rules requiring broadband providers to treat all internet traffic as equal. The New York Times reports the now-repealed Obama-era regulations regulated high-speed internet as if it were a utility, prohibiting providers from blocking certain websites or charging for select services or content. This decision, though expected, was preceded by an extremely messy comment period with a record-breaking 22 million comments infiltrated by a mix of bots, memes, and fake accounts. Several groups, including the trade group for Facebook and Google have said they are contemplating legal action.
On Thursday, President Trump announced his administration’s plan to shrink the Code of Federal Regulations to its 1960 size. After the remarks, the White House issued a statement saying agencies have issued 67 deregulatory actions while imposing only three new regulations since the President took office. This follows the Executive Order the President signed shortly after his Inauguration requiring agencies to slash two regulations for every new regulation put into place. According to POLITICO, the current Administrator of OIRA tempered the President’s remarks saying “returning to 1960 levels would likely require legislation.”
In a party-line vote, the National Labor Relations Board overturned Browning-Ferris Industries, reinstating the prior standard for joint-employer liability. Browning-Ferris Industries’ indirect control requirement had given workers leverage when challenging the labor practices of large chains. Now, a company will only be deemed a joint employer with proof of direct control over the employee.
The Senate HELP Committee advanced two key Department of Labor appointees to the full Senate. Preston Rutledge has been nominated to be assistant secretary of Labor for the Employee Benefits Security Administration and Kate O’Scannlain to serve as DOL’s solicitor.
The New York Times published a series of essays on the recent revelations on sexual harassment and women and power in the workplace. Worth a read.
Daily News & Commentary
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August 25
Consequences of SpaceX decision, AI may undermine white-collar overtime exemptions, Sixth Circuit heightens standard for client harassment.
August 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.
August 21
FLRA eliminates ALJs; OPM axes gender-affirming care; H-2A farmworkers lose wage suit.
August 20
5th Circuit upholds injunctions based on challenges to NLRB constitutionality; Illinois to counteract federal changes to wage and hour, health and safety laws.
August 19
Amazon’s NLRA violations, the end of the Air Canada strike, and a court finds no unconstitutional taking in reducing pension benefits