Earlier this week, the National Labor Relations Board filed a petition in the 5th Circuit, asking the court to rehear and reverse its decision in D.R. Horton. The NLRB argued in its petition that the 5th Circuit erred by applying Gilmer v. Interstate and Johnson Lane Corp. According to Bloomberg and Law360, the petition argued that the case neither “addressed nor decided the issue presented here…this case involves the substantive right of employees to band together to seek to enforce their work-related claims as guaranteed by the ‘mutual aid or protection’ clause of Section 7 of the [National Labor Relations Act.]” Prof. Sachs has argued similarly that “arbitrations that employees pursue collectively against their employer… are Section 7-protected activity.” See his full discussion of D.R. Horton here, and the OnLabor explainer of the case here.
A contributor at Forbes argues that “long-term employment is dead,” pointing out that the average tenure for workers between 25-34 is only 3.2 years, compared to an average tenure of 10.3 years for those over 65. The Wall Street Journal also discusses long term labor market trends, discussing how plummeting fertility rates are shrinking labor markets in developed and developing countries.
The New York Times reviews a new book on municipal unions by Richard Steier, Enough Blame to Go Around: The Labor Pains of New York City’s Public Employee Unions.
The U.S. Department of Agriculture has announced a new $5 million grant program aimed to improve the Employment and Training (E&T) services supported by the Supplemental Nutrition Assistance Program (SNAP).
The Nation discusses the challenges faced by workers in the retail labor market, particularly the toll of unstable and unpredictable “on-call” schedules. With such schedules – adopted to fit the “Just-in-Time” retail model – most employees do not know their schedule even a week in advance, and many have found themselves working too few hours to avail themselves of firm benefits such as health insurance or sick leave.
Daily News & Commentary
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July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching
June 26
A district judge issues a preliminary injunction blocking agencies from implementing Trump’s executive order eliminating collective bargaining for federal workers; workers organize for the reinstatement of two doctors who were put on administrative leave after union activity; and Lamont vetoes unemployment benefits for striking workers.
June 25
Some circuits show less deference to NLRB; 3d Cir. affirms return to broader concerted activity definition; changes to federal workforce excluded from One Big Beautiful Bill.