Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case. As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of interest and should have recused himself. The motion argues, among other things, that the Inspector General Report concluding that Member Emanuel should have recused himself lacked support.
President Trump will be in California today to view border wall prototypes in San Diego. California politicians have voiced tepid (at best) responses to the trip. Governor Jerry Brown, in an open letter published yesterday, said that California is focused “on bridges, not walls,” and emphasized the role of welcoming “immigrants and innovators from across the globe” to California’s economic success. California Senator Kevin de León called the President’s visit a “political stunt.”
Court filings made public yesterday in the putative class-action gender discrimination suit against Microsoft revealed that women working in U.S.-based technical jobs at Microsoft filed 238 internal complaints about gender discrimination or sexual harassment between 2010 and 2016. It is not clear how this number compares to that of Microsoft’s competitors, but out of the 118 gender discrimination complaints filed, only one was deemed “founded” by Microsoft. The filings were not sealed, despite Microsoft’s argument that the information be kept secret so as not to deter future reporting.
Daily News & Commentary
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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 […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.