
Holden Hopkins is a student at Harvard Law School.
In today’s News & Commentary, federal agencies work to beat the CRA deadline and the NLRB is seeking an injunction with impacts on an eighteen month-long strike.
The Department of Labor and the Equal Employment Opportunity Commission are among federal agencies working to get rules out to beat the potential deadline imposed by the Congressional Review Act. The CRA gives Congress a 60-day window to vote to “disapprove” regulation, and generally only comes into effect when there is a shift in party control of both Congress and the White House. Should Republicans win the Senate and Presidency this November while holding on to the House, agency rules issued by the Biden administration after this deadline could be vulnerable to the CRA.
While currently uncertain, the CRA deadline could be as early as mid-May or as late as August. Rules already finalized by the agencies include limits on silica exposure for miners, allowing “third-party” worker representatives to join on OSHA safety inspections, and the EEOC’s Pregnant Workers Fairness Act regulations that Sunah covered last week. Several other rules were recently cleared by the White House budget office and could be published any day. Among them are rules to expand labor rights for temporary agricultural workers, to expand overtime pay protections, and a rule on OSHA hazard communication.
After eighteen months on strike, Pittsburgh Post-Gazette newsroom workers finally received word on Thursday that the NLRB was moving forward in seeking a 10(j) injunction against their employer. This news follows Elyse’s reporting last week that one of the five unions striking against the Post-Gazette was dissolving after accepting a settlement. The Board has authorized the regional office to seek this injunction in the case of the four remaining unions, stating that it is intended to bring the company back to the bargaining table. Zach Tanner, president of the Newspaper Guild of Pittsburgh, called the news a “validation that our fight is just and will be won in short order.”
Daily News & Commentary
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August 28
contested election for UAW at Kentucky battery plant; NLRB down to one member; public approval of unions remains high.
August 27
The U.S. Department of Justice welcomes new hires and forces reassignments in the Civil Rights Division; the Ninth Circuit hears oral arguments in Brown v. Alaska Airlines Inc.; and Amazon violates federal labor law at its air cargo facility in Kentucky.
August 26
Park employees at Yosemite vote to unionize; Philadelphia teachers reach tentative three-year agreement; a new report finds California’s union coverage remains steady even as national union density declines.
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.