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.
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July 31
Legislators move to end mandatory arbitration in employment contracts; NYC tip laws result in greater pay for delivery workers; women's college basketball players seek to unionize.
July 30
Supreme Court denies Cemex's bid to pause bargaining order; employers remain exposed to Title VII suits over English-only rules; Texas judge declines to enjoin NLRB proceeding despite unconstitutional removal protections.
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.
July 24
EEOC drops request for UPenn's Jewish staff; Starbucks defeats mail-in ballots; and Mamdani appoints Lina Khan.