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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January 8
Pittsburg Post-Gazette announces closure in response to labor dispute, Texas AFT sues the state on First Amendment grounds, Baltimore approves its first project labor agreement, and the Board formally regains a quorum.
January 7
Wilcox requests en banc review at DC Circuit; 9th Circuit rules that ministry can consider sexual orientation in hiring decisions
January 5
Minor league hockey players strike and win new deal; Hochul endorses no tax on tips; Trump administration drops appeal concerning layoffs.
December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.