
Ajayan Williamson is a student at Harvard Law School.
In today’s news and commentary, the FLRA eliminates its ALJs; OPM axes gender-affirming care coverage for federal workers; and H-2A farmworkers falter in suit over prevailing wages.
On Monday, the Huffington Post reported that the Federal Labor Relations Authority (FLRA) plans to eliminate its three administrative law judges (ALJs) as part of its compliance with federal government cost-cutting measures. The ALJs resolve disputes between federal employee unions and the federal government — their elimination comes after Trump’s attempted firing of the FLRA chair in February, which has prompted ongoing litigation. Unions have criticized the plan to eliminate the ALJs: counsel for the American Federation of Government Employees described the move as being “more about control than it is about money.” The availability of FLRA relief is also relevant to claims in some of the suits brought by federal employee unions, so eliminating its judges may have broader consequences.
Meanwhile, the Office of Personnel Management (OPM) is planning on eliminating insurance coverage of gender-affirming care for federal workers. In a letter first reported on Tuesday, OPM announced that “chemical and surgical modification of an individual’s sex traits” would no longer be covered, and that the rule “applies regardless of age.” “Counseling services,” including “faith-based counseling,” will still be covered. Lambda Legal, an LGBTQ legal advocacy group, responded to the announcement on Tuesday by stating that the move may violate the Equal Protection clause, Title VII, and the Affordable Care Act. The group is “exploring all options to respond,” and litigation may be forthcoming.
Finally, a federal judge in the District of Washington denied a preliminary injunction on Tuesday in a farmworker union’s suit against the Department of Labor (DOL). Under existing regulations, temporary agricultural workers under the H-2A visa program must be paid the highest wage among several options: a collectively bargained wage, the state or federal minimum wage, the “Adverse Effect Wage Rate” (AEWR), or the “prevailing wage.” In June, DOL published a “no finding” result on prevailing wages for a number of crops, defaulting the wage to a lower AEWR rate. The court denied the preliminary injunction in a complex procedural posture, finding that the union had made weak showings as to irreparable harm and likelihood of success on the merits. Regardless, the result will be lower wages for temporary workers as the litigation continues.
Daily News & Commentary
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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
October 2
AFGE and AFSCME sue in response to the threat of mass firings; another preliminary injunction preventing Trump from stripping some federal workers of collective bargaining rights; and challenges to state laws banning captive audience meetings.
September 30
the NTEU petitions for reconsideration for the CFPB layoff scheme, an insurance company defeats a FLSA claim, and a construction company violated the NLRA by surveilling its unionized workers.
September 29
Starbucks announces layoffs and branch closures; the EEOC sues Walmart.