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
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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.
July 2
First Circuit denies federal worker unions’ mandamus petition; federal court denies preliminary injunction against new union reporting rule; House introduces the Securing Agriculture’s Workforce Act.
July 1
Trump nominates Keith Sonderling as Labor Secretary; DOL eliminates disparate-impact liability from Title VI regulations; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.