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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July 10
Brigham and Women’s Hospital locks out 4,000 nurses after one-day strike; appeal filed challenging agency-shop agreements.
July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.
July 8
DOL plans to make changes to the PERM immigration program; three-day hearing on proposed forced-labor tariffs is underway; Mamdani recovers $2.3M in corporate settlements.
July 7
Former EEOC Commissioner drops her wrongful termination lawsuit following the Supreme Court’s ruling on Presidential removal power; unions sue Department of Defense over cancellation of collective bargaining agreements.
July 6
NY home health worker class action settlement secures preliminary approval; the NLRB upholds order finding Amazon violated federal labor law.
July 3
Unions seek a preliminary injunction to prevent USDA downsizing; the D.C. District Court issues a preliminary injunction against new student loan regulations; Matt Bruenig releases an analysis of Starbucks’ ongoing legal battle against Starbucks Workers United.