
Holden Hopkins is a student at Harvard Law School.
In today’s News & Commentary, new reporting on Trump’s Labor Secretary pick and the NLRB rules that Starbucks’ dress code violates labor law.
Otto reported last week that President-elect Trump would be nominating Representative Lori Chavez-DeRemer (R-OR), one of the few Republican sponsors of the PRO Act. Her nomination was perceived by some to be a potentially pro-labor move from Trump, who has run repeatedly on populist messaging but delivered a solidly pro-business agenda during his first term.
However, reporting from Josh Eidelson suggests that first appearance may be deceiving. After a number of business groups expressed alarm with the pick of Representative Chavez-DeRemer, members of the transition team reportedly assured them that they would “find Chavez-DeRemer more palatable once the president-elect’s picks for deputy labor secretary and other posts are revealed.” Former Bush-era DoL official Paul DeCamp further pushed the idea that Chavez-DeRemer would serve merely as a symbolic gesture to appease Trump-friendly union leaders like Sean O’Brien, questioning the level of autonomy Secretary Chavez-DeRemer would have. “I really don’t know who is going to be calling the shots,” DeCamp told Eidelson.
Last week, the NLRB ruled against Starbucks’ dress code policy at its New York City Roastery Reserve cafe, finding it violates labor law. The Board panel unanimously determined that the policy—which bans most personal, political, or religious pins and limits workers to the display of just one labor-related pin—is unlawfully broad and limits workers’ rights to organize. The dress code also barred workers from wearing shirts with graphics, including union insignia. In 2022, Starbucks Workers United filed the initial complaint, alleging that managers threatened employees with disciplinary action for wearing union-related apparel.
The Board ordered Starbucks to rescind or revise its dress code and cease other labor law violations.
Daily News & Commentary
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August 20
5th Circuit upholds injunctions based on challenges to NLRB constitutionality; Illinois to counteract federal changes to wage and hour, health and safety laws.
August 19
Amazon’s NLRA violations, the end of the Air Canada strike, and a court finds no unconstitutional taking in reducing pension benefits
August 18
Labor groups sue local Washington officials; the NYC Council seeks to override mayoral veto; and an NLRB official rejects state adjudication efforts.
August 17
The Canadian government ends a national flight attendants’ strike, and Illinois enacts laws preserving federal worker protections.
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.