Emily Miller is a student at Harvard Law School.
The Department of Labor defended a new regulation requiring businesses to disclose recent labor law violations when bidding on federal contracts, urging a Texas Court not to grant a preliminary injunction against the rule, reports Politico. On Thursday, DOL argued that the regulations are within their authority as an executive agency, are not preempted by existing labor law, and do not constitute “compelled speech” in violation of the plaintiffs’ First Amendment rights. The regulations are set to be phased in beginning tomorrow.
A recent ruling by a California appeals court which found that existing pensions for public employees can be reduced is now before the California Supreme Court in a case that could dramatically alter 60 years of California law governing pensions, reports the L.A. Times. The ruling approved a a 2012 “pension reform” law which cut pensions, increased the retirement age for incoming government employees, and banned “pension spiking” for existing workers. The earlier decision, if upheld, would weaken the current “California Rule,” which generally allows the State to alter the formula for calculating retirement income only if the result is neutral or advantageous to the employee. Twelve other states have adopted some version of the California Rule.
The Wall Street Journal reported that retailers began recruiting seasonal hires for the holidays as early as August this year, anticipating a strong consumer demand and more difficulty in recruiting seasonal workers than in past years. Companies and analysts attribute this early hiring to several trends: increasingly early holiday shopping, a tighter labor market given the low unemployment rate, and holiday competition between retailers, restaurants, and logistics and distribution firms. While overall seasonal hiring is not expected to increase much this year, the tighter labor market is expected to put upward pressure on wages for seasonal workers.
Daily News & Commentary
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August 3
In today’s news and commentary, a federal court lifts an injunction on the Trump Administration’s plan to eliminate bargaining rights for federal workers, and trash collectors strike against Republic Services in Massachusetts.
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.