Alexa Kissinger is a student at Harvard Law School.
After loud resistance from Democrats, the FCC voted to repeal Obama-era rules requiring broadband providers to treat all internet traffic as equal. The New York Times reports the now-repealed Obama-era regulations regulated high-speed internet as if it were a utility, prohibiting providers from blocking certain websites or charging for select services or content. This decision, though expected, was preceded by an extremely messy comment period with a record-breaking 22 million comments infiltrated by a mix of bots, memes, and fake accounts. Several groups, including the trade group for Facebook and Google have said they are contemplating legal action.
On Thursday, President Trump announced his administration’s plan to shrink the Code of Federal Regulations to its 1960 size. After the remarks, the White House issued a statement saying agencies have issued 67 deregulatory actions while imposing only three new regulations since the President took office. This follows the Executive Order the President signed shortly after his Inauguration requiring agencies to slash two regulations for every new regulation put into place. According to POLITICO, the current Administrator of OIRA tempered the President’s remarks saying “returning to 1960 levels would likely require legislation.”
In a party-line vote, the National Labor Relations Board overturned Browning-Ferris Industries, reinstating the prior standard for joint-employer liability. Browning-Ferris Industries’ indirect control requirement had given workers leverage when challenging the labor practices of large chains. Now, a company will only be deemed a joint employer with proof of direct control over the employee.
The Senate HELP Committee advanced two key Department of Labor appointees to the full Senate. Preston Rutledge has been nominated to be assistant secretary of Labor for the Employee Benefits Security Administration and Kate O’Scannlain to serve as DOL’s solicitor.
The New York Times published a series of essays on the recent revelations on sexual harassment and women and power in the workplace. Worth a read.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]