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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November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
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.