Sophia is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, the Supreme Court denies cert of an appeal challenging a Ninth Circuit decision upholding Thryv remedies, and tech workers receive mixed messaging about AI use.
On Monday, the Supreme Court declined to hear Macy’s appeal of a Ninth Circuit decision upholding enforcement of an NLRB order of Thryv remedies. Since the Board’s Thryv decision in 2022, a circuit split has developed over its enforcement—the Third, Fifth, and Sixth circuits have all rejected the Board’s authority to order payment of “all direct or foreseeable pecuniary harms” resulting from an employer’s ULPs, whereas the Ninth Circuit has upheld the Board’s authority to do so. The Court’s denial of cert and the Board’s policy of non-acquiescence means that Thryv remedies remain alive and well until the Board decides to formally overrule the decision.
No one would blame tech workers for getting whiplash from recent reporting on AI use in the workplace. New research from Gallup finds that tech workers who do not use AI on a monthly basis are three times more likely to be laid off than their counterparts who use AI at least monthly. Gallup’s findings were published on the same day that the New York Times reported that some tech workers are now being told to curb their AI use due to an “exponential increase” in costs. The findings by Gallup and the New York Times illustrate the bind many workers face: too little AI use on the one hand poses a layoff risk, while too much use prompts corporate cost-cutting measures.
Daily News & Commentary
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June 19
The Supreme Court declines to hear a challenge to a Ninth Circuit decision upholding Thryv remedies, and tech workers receive mixed messaging about AI use.
June 18
Teamsters re-elect Sean O'Brien; Teamsters and DOJ move to end federal monitorship.
June 17
Bezos predicts AI will create labor shortage; Canada introduces legislation to strengthen forced labor import ban.
June 16
Hyundai workers approach strike; NTEU sues the IRS for First Amendment violation; former federal employees run for Congress in Trump pushback
June 15
Apple wins summary judgment on FLSA and state law worker claims; Werner truckers reach $18 million settlement; California court uphold finding that Tesla yard hostlers are exempt from the FAA.
June 14
Chocolate Workers union ratifies agreement with Hershey Entertainment & Resorts; Minnesota Twins’ concession workers announce plans to strike.