Liana Wang is a student at Harvard Law School.
In today’s news and commentary, the DC Circuit lifts a preliminary injunction on Trump’s collective bargaining ban for federal workers; HHS, DOL and Treasury pause a 2024 mental health parity regulation; and NJ Transit workers continue into the third day of a historic strike.
In a 2-1 decision issued on Friday, the D.C. Circuit overturned an injunction against Executive Order 14251 in NTEU v. Trump. The EO threatened to end collective bargaining rights for about 100,000 federal workers at over a dozen agencies on the grounds that they conducted national security work. Two circuit judges held that the union failed to show it would suffer irreparable harm, and the injunction interfered with the President’s autonomy on national security issues. In line with another Trump Administration directive in March, the majority also noted that the union should have posted a financial bond to cover the potential costs of a wrongly issued injunction.
Meanwhile, HHS, DOL, and Treasury have announced they will not enforce another Biden-era regulation as they consider whether to rescind it. The Biden Administration’s mental health parity rule required insurers and employers to make sure that their plans provided the same level of “meaningful benefits” for mental health conditions as for physical ones. The regulation was meant to ensure greater compliance with the 2008 Mental Health Parity and Addiction Equity Act. The ERISA Industry Committee, which represents several Fortune 500 companies, challenged the regulation in January 2025. The pause comes amid other attacks on research and funding for mental health and addiction services.
And, updating Justin’s story from Monday, New Jersey Transit workers and members of the Brotherhood of Locomotive Engineers and Trainmen officially went on strike for the first time in 40 years starting Friday. The locomotive engineers are asking for salary raises, arguing that they make 20% less compared to engineers at other regional rail systems. Hours of contract talks Saturday did not produce an agreement. As the strike continues into its third day today, NJ Transit and the union are returning to meet with a mediator in Newark.
Daily News & Commentary
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May 22
U.S. employers spend $1.7B on union avoidance each year and the ICJ declares the right to strike a protected activity.
May 21
UAW backs legal challenge to Trump “gold card” visa; DOL requests unemployment fraud technology funding; Samsung reaches eleventh-hour union agreement.
May 20
LIRR strike ends after three-day shutdown; key senators reject Trump's proposed 26% cut to Labor Department budget; EEOC moves to eliminate employer demographic reporting requirement.
May 19
Amazon urges 11th Circuit to overturn captive-audience meeting ban; DOL scraps Biden overtime rule; SCOTUS to decide on Title IX private right of action for school employees
May 18
California Department of Justice finds conditions at ICE facilities inhumane; Second Circuit rejects race bias claim from Black and Hispanic social workers; FAA cuts air traffic controller staffing target.
May 17
UC workers avoid striking with an 11th-hour agreement; Governor Spanberger vetoes public employee collective bargaining protections; Samsung workers prepare for an 18-day strike.