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.
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November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
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.