Justin Cassera is a student at Harvard Law School.
In today’s news and commentary, the Supreme Court extinguishes ADA protections for retirees, the DOL halts enforcement of a farmworker regulation, and New York City announces new minimum-pay rules for rideshare drivers.
On Friday, the Supreme Court ruled in Stanley v. City of Sanford that retirees cannot sue under the Americans with Disabilities Act unless they hold or seek employment at the time of the alleged discrimination. The case involved Karyn Stanley, a retired firefighter who argued that Sanford’s retirement policy discriminated against disabled retirees. Justice Gorsuch, for the majority, concluded that the statute’s use of present-tense verbs “holds,” “desires,” and “can perform” indicate that the ADA protects only those actively participating in the workforce. Justice Jackson, writing alone in dissent, called the majority’s textualist approach “incessantly malleable,” turning the Court’s duty of statutory interpretation into “a potent weapon for advancing judicial policy preferences.” The ruling resolves a circuit split on the issue.
On Friday, the Department of Labor announced it was ending its enforcement of Biden-era organizing protections for foreign farm workers on seasonal H-2A visas. The regulation, promulgated by the Department in 2024, was intended to standardize labor protections across the economy so as to not disadvantage citizen workers who initially enjoyed greater protections. Several federal courts have since upheld or blocked the rule in different parts of the country. Explaining its decision, the DOL stated that the regulation has “created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers.” By ending enforcement of the regulation, the agency aims to provide clarity and predictability while “aligning with President Trump’s ongoing commitment to strictly enforcing U.S. immigration laws.”
On Friday, New York City announced a 5% increase in minimum-pay rules for rideshare drivers. The increase, which still must pass a Taxi and Limousine Commission board vote on Wednesday, is smaller than the 6.1% originally proposed. The finalized amount represents a compromise between the TLC and rideshare apps, who argued that the increase would mean higher prices for consumers. The new rules will also require companies to give 72-hour notice to drivers they intend to “lock out” of the app, closing a loophole left by the state’s regulatory scheme. Both Lyft and Uber shares reacted negatively to the news.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
December 11
House forces a vote on the “Protect America’s Workforce Act;” arguments on Trump’s executive order nullifying collective bargaining rights; and Penn State file a petition to form a union.
December 8
Private payrolls fall; NYC Council overrides mayoral veto on pay data; workers sue Starbucks.
December 7
Philadelphia transit workers indicate that a strike is imminent; a federal judge temporarily blocks State Department layoffs; and Virginia lawmakers consider legislation to repeal the state’s “right to work” law.
December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”
December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.
December 3
The Trump administration seeks to appeal a federal judge’s order that protects the CBAs of employees within the federal workforce; the U.S. Department of Labor launches an initiative to investigate violations of the H-1B visa program; and a union files a petition to form a bargaining unit for employees at the Met.