Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, CFPB mass layoffs paused again, Mine Safety agency rejects union intervention, and postdoctoral researchers petition for union election.
A temporary pause on mass firings at the Consumer Financial Protection Bureau (CFPB) has been restored. After a trial court initially blocked the administration from mass firings, the appeals court modified that order to allow the CFPB to continue its lay-off program with a “particularized assessment” showing that any fired workers were not necessary for the agency to perform their legal duties. The pause comes after internal emails revealed that agency leaders rushed to fire 90% of workers after the appellate court ruling that had allowed the layoff process to move ahead.
The Mine Safety and Health Administration (MSHA) rejected union intervention in challenge to the agency’s silica suit. MSHA argued that the motion to intervene—filed by the United Mine Workers of America and the United Steelworkers—was untimely and failed to show that the agency was not adequately representing the public interest. MSHA further contended that the unions had not sufficiently established associational standing to bring the case. The unions wanted to join the lawsuit to defend a rule that requires employers to limit the amount of silica dust in the air in mines. The rule, which was to take effect on April 14th, was challenged by an industry group with MSHA issuing a notice temporarily pausing enforcement of the final rule the day after the challenge. The Eighth Circuit paused the rule compliance deadlines while it determines whether to grant or deny an administrative stay.
Postdoctoral researchers at the University of Pennsylvania have filed a petition with the NLRB to form a union. Of the 1,500 postdoctoral researchers, 1,000 have signed authorization cards in support of forming “Research Associates and Postdocs United,” affiliated with the UAW. This petition follows a similar filing by 1,600 postdoctoral researchers at Johns Hopkins University, also seeking recognition under the UAW. Postdoctoral researchers have cited concerns about inadequate wages, limited healthcare coverage, and insufficient workplace protections. International researchers have also raised issues related to visas, travel, and reimbursement. If successful, these postdoctoral researchers will join 17 other bargaining units representing more than 12,000 postdoctoral researchers nationwide.
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 […]