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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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.