Anita Alem is a student at Harvard Law School.
On Wednesday, the Supreme Court heard oral argument regarding whether a worker who has signed a private arbitration agreement, under which all legal disputes must be handled outside of court, may sue their employer in court under a California labor law that permits private people to bring a public enforcement action. The law, called the Private Attorneys General Act, authorizes private individuals to sue employers for California labor code violations; if the lawsuit is successful, the damages are split with the state. The Court considered whether the California labor law is preempted by the Federal Arbitration Act (FAA), a 1925 law that the Court has interpreted broadly over the past several decades. Viking River Cruises was the second FAA case the Supreme Court heard this week, after Monday’s oral argument in Saxon regarding what class of workers are exempted from the FAA as interstate employees, as Tala reported on Tuesday.
The Bessemer, Alabama Amazon warehouse union election, which ran via mail from February 4 to March 25, had only 39% turnout according to the Retail, Wholesale, and Department Store Union (RWDSU). The election is the second attempt in the Bessemer warehouse. As Jon Levitan reported last November, the NLRB determined Amazon interfered within the previous election, which had 55% turnout, in part because Amazon installed a mailbox to intimidate workers into thinking the company would have access to union ballots. Ballot counting in this election will begin as early as Thursday.
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February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.