
Zachary Boullt is a student at Harvard Law School.
Justice Amy Coney Barrett has been confirmed to the Supreme Court. You can read OnLabor’s discussion of her history on workers’ issues on the Seventh Circuit here. You can read OnLabor’s discussion of her textualism as it relates to her Kleber decision here.
Bloomberg Law has received more information on the whistleblower complaint regarding the dispute between Labor Secretary Eugene Scalia and Janet Herold, the Department of Labor’s top West Coast litigator. Herold alleged in August that Scalia had ordered her transfer to a non-legal position in Chicago due to her wage-and-hour and worker misclassification work. New information shows that Trump’s Department of Labor has been heavily scrutinizing and sometimes revising her legal pleadings and filings to soften up the language or use a new legal test that the Department of Labor announced this year. In addition to the alleged Trump administration DOL dissatisfaction with her litigation strategy, new information also shows that Herold internally criticized the DOL’s proposed new rule regarding the classification of independent contractors as pro-business.
A union protest from July led by North Central Building Trades unions and United Auto Workers has just found success as the final construction steps for the Academy Chrysler in Kokomo, Indiana will be completed with union labor. The July protests erupted after the unions found out that the Academy Chrysler construction project was using non-local and non-union-labor, despite selling union-made vehicles and being located across the street from a union factory. A union representative also says the publicity from the protest effort has increased the amount of businesses in the Kokomo area seeking union contractors.
The National Treasury Employees Union has sued President Trump in response to an executive order that would allow Trump to recategorize policy-making employees in a way that would remove many of their employee protections. Under the executive order, federal agencies are to place any federal employees with policy-making jobs in this new category. The head of a civil service advisory council has already resigned in response to the rule, criticizing it as a way to require political loyalty of advisors. The union is asking that the D.C. District Court rule the order unlawful.
HP and Hewlett Packard Enterprises will collectively pay $1.45 million in back pay and interest to settle a pay discrimination lawsuit. The Department of Labor had alleged that a review of the companies’ records showed pay disparity between men and women in similar positions. 391 women will receive the back pay settlement. HP denies the pay discrimination allegations and says it agreed to the voluntary settlement to resolve the matter quickly.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
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.
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 […]