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
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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 […]