
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.
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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]