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
Start your day with our roundup of the latest labor developments. See all
August 21
Tyson workers respond to abrupt plant shutdown; DOL ends its power to police federal contractor bias.
August 20
Unions sue the government over new visa rule; Judge declines to dismiss former Amazon worker's suit.
August 19
NLRB swears in third Trump-appointed Member; Teamster file complaint against Amazon in New York; unions and college students sue Trump admin for international student immigration restrictions
August 18
New Trump administration rules will remove the Merit Systems Protection Board's independence; a CFPB union leader suspended alleges retaliation; the National Treasury Employees Union requires its members to pay dues as it battles to stay financially afloat.
August 17
Tensions rise between New York City's teachers' union and City Hall; NLRB judge finds Brooklyn hospital violated labor law.
August 16
New documents show that federal surveillance operations targeted Minnesota labor unions during the ICE surge, and the Equal Employment Opportunity Commission denies halting federal class discrimination complaints.