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 6
Municipal workers in Philadelphia continue to strike; Zohran Mamdani collects union endorsements; UFCW grocery workers in California and Colorado reach tentative agreements.
July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
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.