
John Fry is a student at Harvard Law School.
In today’s news and commentary, D.C. Circuit reinstates Wilcox; DOL attempts to trim workforce again; and unions split regarding Trump tariffs.
The full D.C. Circuit has restored NLRB Member Gwynne Wilcox to her seat, undoing a panel decision which had kept Wilcox sidelined pending full consideration of her case. Monday’s order reinstating Wilcox emphasized that the Supreme Court has expressly declined to overturn Humphrey’s Executor in recent cases and emphasized that lower courts must “follow extant Supreme Court precedent unless and until that Court itself changes it or overturns it.” Four judges dissented from Monday’s decision, repeating arguments made by the D.C. Circuit panel in late March.
The Department of Labor is once again emailing its employees seeking to induce them to resign or retire. Labor Secretary Lori Chavez-DeRemer informed employees that until April 14th, the DOGE-backed programs known colloquially as the “fork in the road” will be reopened at the department. Chavez-DeRemer’s email also indicated that future attempts to reduce the size of the department’s workforce will be rolled out over the coming weeks.
President Trump’s sweeping tariffs on imported goods are dividing labor unions. While the Teamsters have supported the new tariffs and the United Auto Workers have endorsed the 25% tariff on foreign-manufactured cars, some unions and union members have been hesitant. For example, the president of the Chicago Federation of Labor suggested that a decline in foreign trade will hurt workers in supply-chain jobs, while some auto workers fear that the tariffs could cause a recession that hurts American carmakers more than the tariffs help them.
Daily News & Commentary
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October 9
Equity and the Broadway League resume talks amid a looming strike; federal judge lets alcoholism ADA suit proceed; Philadelphia agrees to pay $40,000 to resolve a First Amendment retaliation case.
October 8
In today’s news and commentary, the Trump administration threatens no back pay for furloughed federal workers; the Second Circuit denies a request from the NFL for an en banc review in the Brian Flores case; and Governor Gavin Newsom signs an agreement to create a pathway for unionization for Uber and Lyft drivers.
October 7
The Supreme Court kicks off its latest term, granting and declining certiorari in several labor-related cases.
October 6
EEOC regains quorum; Second Circuit issues opinion on DEI causing hostile work environment.
October 5
In today’s news and commentary, HELP committee schedules a vote on Trump’s NLRB nominees, the 5th Circuit rejects Amazon’s request for en banc review, and TV production workers win their first union contract. After a nomination hearing on Wednesday, the Health, Education, Labor and Pensions Committee scheduled a committee vote on President Trump’s NLRB nominees […]
October 3
California legislation empowers state labor board; ChatGPT used in hostile workplace case; more lawsuits challenge ICE arrests