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 The Board started small yesterday by issuing four unpublished decisions affirming the judgments of administrative law judges in cases where neither party objected to the ALJ’s decisions.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
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October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.