Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, a North Carolina court upholds DOL protections for temporary farmworkers; the Fifth Circuit rejects Amazon’s early appeal in its constitutional challenge to the NLRB; and New Jersey’s transportation authority navigates negotiations and a potential strike.
On Monday, a federal district court in North Carolina upheld a Department of Labor rule that increased protections for farmworkers on temporary H-2A visas. The rule was promulgated in 2024 through DOL’s authority under the Immigration and Nationality Act. It provides protections against captive audience meetings, Weingarten-style rights to bring coworkers to investigatory meetings, and some limited access rights for guests — including union organizers — in employer-owned housing. In upholding the rule, the district court rejected a variety of arguments, including the plaintiffs’ contention that the rule was Garmon or Machinists preempted. But the holding conflicts with injunctions issued by district courts in Georgia, Kentucky, and Mississippi, creating a patchwork of protections across different states.
Meanwhile, the Fifth Circuit dismissed Amazon’s appeal of the “constructive denial” of its request for an injunction in its constitutional challenge to the NLRB. Amazon filed the suit last September, arguing that there are constitutional problems with the NLRB’s combination of prosecutorial and adjudicative functions, lack of juries, and removal protections for board members. As Kevin explains, there are multiple flaws in these arguments on the merits — but the Fifth Circuit dismissed solely on procedural grounds, ruling that Amazon had brought the appeal too early.
NJ Transit, New Jersey’s public transportation authority, reached a deal with the Amalgamated Transit Union (ATU) on Wednesday. The ATU represents bus drivers, clerical workers, mechanics, and other maintenance workers. But a strike remains possible this month as contentious negotiations continue between NJ Transit and the Brotherhood of Locomotive Engineers and Trainmen (BLET), which represents NJ Transit engineers. Kris Kolluri, NJ Transit’s CEO, claims that the BLET rejected an offer to increase engineers’ salary to $172,000; the BLET claims that no such offer was made. NJ Transit has also publicly announced a “contingency plan” in the event of a strike. The announcement says the BLET is “threatening to disrupt the lives of more than 350,000 commuters” — Kolluri says the announcement is “not a negotiating tactic.”
Daily News & Commentary
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October 30
Sectoral bargaining could blunt A.I. job loss; Gen-Z job searchers stare into the void.
October 29
Dolores Huerta, labor leader, feminist, and civil rights icon, dies at 96.
October 28
The Writers Guild of America East provides writers with access to software that protects their work from AI scraping, and city workers in Oregon reach a tentative agreement after a six-day strike.
October 27
Some California union locals defy their statewide leadership to back the state’s billionaire tax proposal; a Brown University technology center releases a map of the hidden global workforce behind AI; the National Women's Soccer League and its players union settle six grievances.
October 26
Harvard dining workers authorize strike; New York City bans horse carriages; Brooklyn nurses rally in support of colleague.
October 25
Dallas Cowboys Cheerleaders unionize; Bureau of Prisons again pushes for union contract cancellation; CSU faculty votes on strike authorization.