
Sunah Chang is a student at Harvard Law School.
In today’s news and commentary: union leaders leave a mark at the DNC and a federal judge in Texas blocks the FTC’s noncompete ban.
Yesterday, leaders from several major unions spoke at the first night of the Democratic National Convention to express their support for Vice President Kamala Harris’s presidential campaign. The lineup included AFSCME President Lee Saunders, SEIU President April Verrett, LiUNA President Brent Booker, IBEW President Kenneth W. Cooper, CWA President Claude Cummings Jr., AFL-CIO President Elizabeth H. Shuler, and UAW President Shawn Fain. Many of the union leaders spoke favorably about the legacy of the Biden-Harris administration and identified Harris as an ally for union workers. Shuler noted that Trump’s policies were a “CEO’s dream, but a worker’s nightmare.” Fain, who appeared on stage sporting a “Trump is a scab” shirt, stated that Kamala Harris and Tim Walz “have stood shoulder to shoulder with the working class” whereas Trump and Vance represented “two lap dogs for the billionaire class who only serves themselves.” Meanwhile, Teamsters President Sean O’Brien, who spoke at the RNC last month, was absent from the DNC. The Teamsters have yet to offer an endorsement to any party for the upcoming presidential race.
Labor’s large presence on the DNC stage seems to reflect the Democratic Party’s amplified efforts to win back rank-and-file union members who have shifted toward the Republican Party in recent years. Since the early days of her nascent presidential campaign, Harris has been meeting with top labor leaders across sectors in the hopes of cementing their support. Harris has also agreed to meet with the Teamsters in the near future for a private roundtable discussion.
Over in Texas, a federal judge has upheld a challenge to the Federal Trade Commission’s ban on noncompete agreements. The court ruled that the noncompete rule exceeded the FTC’s authority to enforce antitrust laws. The opinion stated, “The Commission’s lack of evidence as to why they chose to impose such a sweeping prohibition . . . instead of targeting specific, harmful non-competes, renders the Rule arbitrary and capricious.” In response to the court decision, an FTC spokesperson expressed disappointment and mentioned that the agency was considering an appeal. The spokesperson stated that the FTC would “keep fighting to stop noncompetes that restrict the economic liberty of hardworking Americans, hamper economic growth, limit innovation and depress wages.”
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August 15
Columbia University quietly replaces graduate student union labor with non-union adjunct workers; the DC Circuit Court lifts the preliminary injunction on CFPB firings; and Grubhub to pay $24.75M to settle California driver class action.
August 14
Judge Pechman denies the Trump Administration’s motion to dismiss claims brought by unions representing TSA employees; the Trump Administration continues efforts to strip federal employees of collective bargaining rights; and the National Association of Agriculture Employees seeks legal relief after the USDA stopped recognizing the union.
August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss
August 11
Updates on two-step FLSA certification, Mamdani's $30 minimum wage proposal, dangers of "bossware."
August 10
NLRB Acting GC issues new guidance on ULPs, Trump EO on alternative assets in401(k)s, and a vetoed Wisconsin bill on rideshare driver status