John Fry is a student at Harvard Law School.
In today’s news and commentary, Chavez-DeRemer confirmed as Labor Secretary; NLRB issues decisions with new quorum; and Flex drivers deemed Amazon employees in Virginia.
The Senate confirmed Lori Chavez-DeRemer as Labor Secretary yesterday. While Chavez-DeRemer’s nomination made headlines due to her past support for the PRO Act as a member of Congress from Oregon, she has since walked back her support for the law, as Divya has covered. Despite her recent statements seeming to moderate her pro-labor views, three Republicans voted against Chavez-DeRemer, while 17 Democrats supported her.
The National Labor Relations Board has resumed issuing decisions now that Gwynne Wilcox has rejoined as a Board Member, creating a three-Member quorum that once again allows the agency to fully function. On Wednesday, the District Court for the District of Columbia ordered Wilcox reinstated, a ruling which I analyzed yesterday. The Board started small yesterday by issuing four unpublished decisions affirming the judgments of administrative law judges in cases where neither party objected to the ALJ’s decisions. The Trump administration, however, has already appealed Wilcox’s reinstatement, which casts uncertainty on the Board’s activity in the near future.
The Virginia Supreme Court ruled on Thursday that Amazon Flex drivers, who sign up to deliver Amazon packages in three- or four-hour shifts using their own vehicles, are employees under Virginia law. After the Virginia Employment Commission sought to make Amazon pay unemployment taxes on behalf of the drivers, the company appealed, but the Virginia Supreme Court ruled that Amazon failed to show “at any point” why Flex drivers should be considered independent contractors under the relevant legal test. Thursday’s ruling comes as Amazon is trying to avoid responsibility for its delivery drivers on multiple fronts, including fights over whether it is a joint employer of the drivers who operate Amazon-branded delivery vans.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
May 29
AFGE argues termination of collective bargaining agreement violates the union’s First Amendment rights; agricultural workers challenge card check laws; and the California Court of Appeal reaffirms San Francisco city workers’ right to strike.
May 28
A proposal to make the NLRB purely adjudicatory; a work stoppage among court-appointed lawyers in Massachusetts; portable benefits laws gain ground
May 27
a judge extends a pause on the Trump Administration’s mass-layoffs, the Fifth Circuit refuses to enforce an NLRB order, and the Texas Supreme court extends workplace discrimination suits to co-workers.
May 26
Federal court blocks mass firings at Department of Education; EPA deploys new AI tool; Chiquita fires thousands of workers.
May 25
United Airlines flight attendants reach tentative agreement; Whole Foods workers secure union certification; One Big Beautiful Bill Act cuts $1.1 trillion
May 23
United Steelworkers union speaks out against proposed steel merger; Goodwin Procter turns over diversity data; Anthropic AI's fair use claim over authors' creative work