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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October 5
Delaware bans captive audience meetings; EEOC settles remote work national origin discrimination claim; First Circuit stays enforcement order in VA's dispute with AFGE.
October 4
Boston nurses announce open-ended strike; federal judge restores federal prison workers' union protections; St. Louis workers form the first movie theater union in Missouri.
October 2
Gov. Newsom signs bill regulating AI in workplace; federal judge blocks Trump's $100,000 H-1B visa fee.
October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.
September 30
Harvard grad union wins in First Circuit; AI data trainers initiate misclassification suits; Trader Joe’s found liable under ERISA.
September 29
Unions, AI companies, and private equity firms form a new coalition to shape data center policies; unions express support for the Paramount-Warner Bros. merger.