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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March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]
March 6
The Harvard Graduate Students Union announces a strike authorization vote.
March 5
Colorado judge grants AFSCME’s motion to intervene to defend Colorado’s county employee collective bargaining law; Arizona proposes constitutional amendment to ban teachers unions’ use public resources; NLRB unlikely to use rulemaking to overturn precedent.
March 4
The NLRB and Ex-Cell-O; top aides to Labor Secretary resign; attacks on the Federal Mediation and Conciliation Service