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.
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January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.
January 22
Hyundai’s labor union warns against the introduction of humanoid robots; Oregon and California trades unions take different paths to advocate for union jobs.
January 20
In today’s news and commentary, SEIU advocates for a wealth tax, the DOL gets a budget increase, and the NLRB struggles with its workforce. The SEIU United Healthcare Workers West is advancing a California ballot initiative to impose a one-time 5% tax on personal wealth above $1 billion, aiming to raise funds for the state’s […]