
Henry Green is a student at Harvard Law School.
In today’s news and commentary, federal employees challenge Trump executive orders, Trump announces changes at the NLRB but does not fire the general counsel, and Lori Chavez-DeRemer meets with the restaurant industry.
Anjali’s post yesterday covered a flurry of day one executive actions by President Trump aimed at the federal workforce, including hiring freeze, return-to-office, and “Schedule F” orders. Lawsuits have quickly been filed to challenge some of those actions. The National Treasury Employees Union (NTEU) filed a lawsuit on Monday targeting the Schedule F order, which would make it easier for the Trump administration to fire career employees. In a statement, NTEU’s president criticized the order as “about administering political loyalty tests to everyday employees.” President Trump previously issued a Schedule F order in 2020, which NTEU also sued to challenge; President Biden rescinded the order before a judge could rule on that case. Three additional lawsuits filed yesterday challenge the Elon Musk-led Department of Government Efficiency.
At the Department of Labor, Trump’s first day actions included making Vince Micone acting secretary of labor while Lori Chavez-DeRemer awaits Senate confirmation. Trump also elevated Marvin Kaplan, the sole Republican on the National Labor Relations Board, to chair. Democratic nominees still hold a majority on the board, but Kaplan will lead a Republican majority once Trump nominees win Senate confirmation. However, Trump has not yet removed Jennifer Abruzzo as the NLRB’s general counsel.
Secretary of Labor nominee Lori Chavez-DeRemer met with representatives of the restaurant industry last week. The International Franchise Association led the meeting, with representatives for McDonald’s, Yum! Brands (the parent company of KFC, Taco Bell, and Pizza Hut, among others), and Wendy’s in attendance, along with “salon brands and at least one hotel chain,” according to Bloomberg. The parties discussed joint employer status for franchised restaurants, a “top concern” for the industry. They also discussed the PRO Act, which Chavez-DeRemer supported as a member of Congress, and which the International Franchise Association has urged her to denounce.
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.