Anjali Katta is a student at Harvard Law School.
In today’s News and Commentary, Biden’s NLRB pick heads to Senate vote, DOL settles a farmworker lawsuit, and a federal judge blocks Albertsons-Kroger merger.
Democrats have moved to expedite re-confirmation proceedings for NLRB Chair Lauren McFerran, which would grant her another five years on the Board. If the Democrats succeed in finding 50 Senate votes for McFerran’s re-confirmation they can lock in a 3-2 majority on the Board. If McFerran is left unconfirmed, however, President-elect Trump will have the ability to flip the NLRB’s majority. With only two weeks left in the session, time is running out.
The DOL has settled a lawsuit with farmworker organizations, including the Farm Labor Organizing Committee, who alleged that the DOL violated the Administrative Procedure Act (APA) by failing to coordinate the enforcement of statutes that protect farmworkers. The DOL has agreed to establish a committee coordinating farm labor enforcement across the Department’s various offices, including the Wage and Hour Division and OSHA. The attorney for the farmworker organizations, Michael Kirkpatrick from Public Citizen Litigation Group, stated that the settlement’s “enforcement mechanisms[] will ensure that DOL lives up to its responsibilities to serve and protect farmworkers.”
After a three-week hearing, U.S. District Judge Adrienne Nelson temporarily halted the supermarket merger of Kroger and Albertsons. The merger, proposed in 2022 and valued at $24.6 billion, would be the largest grocery store merger in U.S. history. The FTC sued earlier this year asking Judge Nelson to block the deal until an administrative judge at the FTC could consider the implications. The FTC argues that the merger would eliminate head-to-head competition between the top two traditional grocery chains, leading to higher prices for shoppers and reduced bargaining power for unionized workers. Kroger and Albertsons will likely appeal the ruling.
Daily News & Commentary
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October 22
Broadway actors and producers reach a tentative labor agreement; workers at four major concert venues in Washington D.C. launch efforts to unionize; and Walmart pauses offers to job candidates requiring H-1B visas.
October 21
Some workers are exempt from Trump’s new $100,000 H1-B visa fee; Amazon driver alleges the EEOC violated mandate by dropping a disparate-impact investigation; Eighth Circuit revived bank employee’s First Amendment retaliation claims over school mask-mandate.
October 20
Supreme Court won't review SpaceX decision, courts uphold worker-friendly interpretation of EFAA, EEOC focuses on opioid-related discrimination.
October 19
DOL issues a new wage rule for H-2A workers, Gov. Newsom vetoes a bill that regulates employers’ use of AI, and Broadway workers and management reach a tentative deal
October 17
Third Circuit denies DOL's en banc rehearing request; Washington AG proposes legislation to protect immigrant workers; UAW files suit challenging government surveillance of non-citizen speech
October 16
NLRB seeks injunction of California’s law; Judge grants temporary restraining order stopping shutdown-related RIFs; and Governor Newsom vetoes an ILWU supported bill.