Mackenzie Bouverat is a student at Harvard Law School.
President Trump announced Saturday his intention to nominate federal appeals court Judge Amy Coney Barrett to the Supreme Court. Barrett likens her judicial philosophy to that of the late Antonin Scalia, a notorious labor antagonist. Indeed, the solidification of the conservative majority on the high court is expected to result in considerable losses for organized labor in this country. And her record as an appeals judge supports such a prediction: for example, Jacobin has delved into Barrett’s record on labor issues: the magazine reports that in In Wallace v. Grubhub Holdings, Inc., Barrett held that a group of delivery drivers who accused Grubhub of failing to pay overtime were required to pursue those claims in binding arbitration, rather than in Federal court. Asserting that the drivers were not a class of workers who typically engage in interstate commerce, Barrett concluded that they were not protected by an exemption for transportation workers under the Federal Arbitration Act. The New York Times notes that Barrett has also joined rulings dismissing a case in which the Equal Employment Opportunity Commission objected to a company practice which allegedly assigned workers to particular geographic locations based on race and ethnicity and which restrict the scope of laws prohibiting age discrimination.
The Little Rock Education Association has notified the Little Rock School District that teachers won’t report to work in classrooms Monday, according to a press release issued by the district this Sunday. The press release also insisted that in-person classes will continue: “As we have stated previously, we understand that our parents need our schools to be open and we are committed to doing everything we can to avoid disruption to the learning environment.” School officials have warned of potential disciplinary action for employees who do not report to work in-person.
Wal Mart has settled a companywide sex discrimination lawsuit filed filed by the Equal Employment Opportunity Commission for $20 million. At issue was Walmart’s requirement that applicants pass a physical agility test when applying to be an “order filler” at its grocery distribution centers. The EEOC alleged that, because the disproportionately excluded female applicants, it resulted in a disparate impact on women. To prevail in the lawsuit, Wal Mart would have had to demonstrate that the successful performance on this pre-employment test is necessary to satisfy the requirements of the specific job, and that there are not alternative non-discriminatory practices that could ensure adequate performance. Wal Mart has also agreed to eliminate the testing requirement.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching
June 26
A district judge issues a preliminary injunction blocking agencies from implementing Trump’s executive order eliminating collective bargaining for federal workers; workers organize for the reinstatement of two doctors who were put on administrative leave after union activity; and Lamont vetoes unemployment benefits for striking workers.
June 25
Some circuits show less deference to NLRB; 3d Cir. affirms return to broader concerted activity definition; changes to federal workforce excluded from One Big Beautiful Bill.
June 24
In today’s news and commentary, the DOL proposes new wage and hour rules, Ford warns of EV battery manufacturing trouble, and California reaches an agreement to delay an in-person work mandate for state employees. The Trump Administration’s Department of Labor has advanced a series of proposals to update federal wage and hour rules. First, the […]
June 23
Supreme Court interprets ADA; Department of Labor effectively kills Biden-era regulation; NYC announces new wages for rideshare drivers.
June 22
California lawmakers challenge Garmon preemption in the absence of an NLRB quorum and Utah organizers successfully secure a ballot referendum to overturn HB 267.