
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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August 28
contested election for UAW at Kentucky battery plant; NLRB down to one member; public approval of unions remains high.
August 27
The U.S. Department of Justice welcomes new hires and forces reassignments in the Civil Rights Division; the Ninth Circuit hears oral arguments in Brown v. Alaska Airlines Inc.; and Amazon violates federal labor law at its air cargo facility in Kentucky.
August 26
Park employees at Yosemite vote to unionize; Philadelphia teachers reach tentative three-year agreement; a new report finds California’s union coverage remains steady even as national union density declines.
August 25
Consequences of SpaceX decision, AI may undermine white-collar overtime exemptions, Sixth Circuit heightens standard for client harassment.
August 24
HHS cancels union contracts, the California Supreme Court rules on minimum wage violations, and jobless claims rise
August 22
Musk and X move to settle a $500 million severance case; the Ninth Circuit stays an order postponing Temporary Protection Status terminations for migrants from Honduras, Nicaragua, and Nepal; the Sixth Circuit clarifies that an FMLA “estimate” doesn’t hard-cap unforeseeable intermittent leave.