Linh is a student at Harvard Law School.
On Wednesday, the Sixth Circuit ruled in favor of the Occupational Safety and Health Administration (OSHA) to protect work safety regulations passed in the past 50 years. An Ohio general contracting company, represented by Jones Day and supported by conservative advocacy groups, challenged that most OSHA rules were unconstitutional because the Occupational Safety and Health Act of 1970 gave the Agency too much discretion. Affirming the district court’s decision, a 2-1 Sixth Circuit panel held that OSHA’s rulemakings are within the powers approved by lawmakers intended in the Act, and while the Agency’s discretion on which hazards to regulate is “significant,” it is not unconstitutional.
The NLRB issued a direct final rule that will make the union election process faster and less complex. Set to take effect on Dec 26, 2023, the new regulation rolls back Trump-era changes to how workers vote for union representation, returning the procedure to a 2014 rule that “codified best practices, simplified representation case procedures, made those procedures more transparent and uniform across regions, and modernized those procedures in view of changing technology.”
In response to several high-profile strikes by screenwriters, actors, and hotel workers in California, legislators are making last-minute efforts to pass a bill that would extend unemployment benefits to striking workers after two weeks off the job. Current state law excludes workers from unemployment benefits if they leave work to go on strike. A similar proposal failed in the California Senate in 2019, and now even with a Democratic-majority Senate and Assembly, support for the bill remains tenuous.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
September 16
In today’s news and commentary, the NLRB sues New York, a flight attendant sues United, and the Third Circuit considers the employment status of Uber drivers The NLRB sued New York to block a new law that would grant the state authority over private-sector labor disputes. As reported on recently by Finlay, the law, which […]
September 15
Unemployment claims rise; a federal court hands victory to government employees union; and employers fire workers over social media posts.
September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.