Liana Wang is a student at Harvard Law School.
In today’s news and commentary, the Ninth Circuit upholds a preliminary injunction against the Trump Administration, a federal judge vacates parts of the EEOC’s pregnancy accommodation rules, and video game workers reach a tentative agreement with Microsoft.
In a 2-1 decision issued on Friday, the Ninth Circuit upheld a preliminary injunction against the Trump Administration in AFGE v. Trump. The plaintiffs, a large coalition of unions, non-profits, and local governments, filed a broad challenge to EO 14210, which sought to terminate federal workers across 20 agencies in a “critical transformation of the Federal bureaucracy.” On May 22, U.S. District Court Judge Susan Illston issued a preliminary injunction, writing that the president could only restructure agencies with Congressional authorization. Two Circuit judges agreed that EO 14210 “far exceeds the president’s supervisory powers,” rejecting the government’s motion to stay the injunction. For now, the order prevents large-scale terminations across the federal government from proceeding.
In Louisiana, a federal judge struck down regulations by the EEOC that categorized abortion as a pregnancy-related condition. The regulations implemented the Pregnant Workers Fairness Act of 2022, which requires employers to provide time off for medical appointments and other accommodations for pregnancy related conditions. The district court found that the EEOC’s rule implicated the major questions doctrine. The Trump Administration is unlikely to appeal the ruling, especially after President Trump fired two of the EEOC’s Democrat-appointed Commissioners.
Meanwhile, the Communications Workers of America announced that a union of ZeniMax video game employees has reached a tentative agreement with Microsoft, which acquired ZeniMax in 2021. If the contract is signed, it would be the first union contract in the gaming industry, and Microsoft’s first union contract in the United States. The contract includes provisions for a 13.5% pay raise on July 1, incorporates terms around the use of artificial intelligence, and institutes minimum pay for different categories of jobs. Union members are scheduled to vote on the contract on June 20. Since ZeniMax workers joined to form Microsoft’s first official U.S. union in 2023, a large number of other Microsoft employees have also unionized.
Daily News & Commentary
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March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]