Linh is a student at Harvard Law School.
According to newly released data from the Bureau of Labor Statistics, union membership in the U.S. reached a record low in 2023, dropping to 10%, slightly below the 2022 rate of 10.1%, despite notable successes in negotiations with large corporations like United Postal Services and automakers. The decline reflects a disparity between strong public support for unions and their actual membership growth. Notably, over half a million people participated in strikes last year, resulting in significant benefits for auto workers and Hollywood writers.
While reflecting on this paradox of increased union popularity and decreased membership, check out this creative video essay from the New York Times, in which comedian and visual journalist Jeff Seal advocates for the broader adoption of Minimum Standards Council, a labor industry tool, to enhance the labor movement and empower workers.
Southwest Airlines Co.’s flight attendants’ union, representing about 21,000 members, voted with over 98% approval to grant leaders the authority to call a strike if talks in federal mediation fail. The vote, in accordance with the Railway Labor Act, allows for a potential walkout after a multiphase process outlined by the National Mediation Board. This move follows similar authorizations by unions representing Southwest’s pilots and American Airlines Group Inc.’s flight attendants.
The Cheesecake Factory Restaurants Inc. and two janitorial contractors have agreed to a $1 million settlement following a California Labor Commissioner’s Office investigation for underpaying 589 janitorial workers. The investigation began in December 2016 after several complaints of possible wage and hour violations of janitors who cleaned Cheesecake Factory restaurants in San Diego County. The settlement, announced yesterday, addresses wage and hour violations, and as a result, Cheesecake Factory and contractors must adhere to strengthened California laws, closing subcontracting loopholes. Alongside financial compensation, the settlement requires the Cheesecake Factory to audit contractors and train managers for legal compliance.
Daily News & Commentary
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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.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.