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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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers