Anjali Katta is a student at Harvard Law School.
In today’s news and commentary, Biden blocks the acquisition of U.S. Steel, the Third Circuit curbs NLRB remedial power, and DOL’s Wage and Hour Division’s year in review.
President Biden announced that he would block a $15 billion dollar take over of U.S. Steel by the Japanese company Nippon Steel, citing national security concerns over foreign control of a critical domestic industry. The United Steelworkers union has also strongly opposed the deal, arguing that it lacks sufficient guarantees for union jobs at U.S. Steel’s older mills. The company currently employs around 11,000 workers.
The Third Circuit has rejected the Board’s Thryv decision, denying the NLRB the authority to order employers to pay the foreseeable financial harms of their unfair labor practices. Specifically, the Third Circuit held that the Board can only order payment for damages directly resulting from unfair labor practices—such as backpay for wages lost as a result of an illegal discharge—but not for the indirect costs of unfair labor practices such as out-of-pocket medical expenses or credit card debt that would not have been incurred but for the ULP. The case involves Starbucks and two employees who were allegedly wrongfully terminated and sought compensation for both direct and indirect harms.
In 2024, the DOL’s Wage and Hour Division closed fewer cases against employers but imposed significantly higher civil money penalties than in previous years. While the agency resolved nearly 3,000 fewer cases compared to 2023, it collected almost $10 million more in penalties.
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.