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 President Trump previously issued a Schedule F order in 2020, which NTEU also sued to challenge; President Biden rescinded the order before a judge could rule on that case.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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November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers
November 14
DOT rule involving immigrant truck drivers temporarily stayed; Unions challenge Loyalty Question; Casino dealers lose request for TRO to continue picketing
November 13
Condé Nast accused of union busting; Supreme Court declines to hear Freedom Foundation’s suit challenging union membership cancellation policies; and AFT-120 proposes a “Safe Sleep Lots” program for families facing homelessness.
November 12
Starbucks and the NLRB face off over a dress code dispute, and mental healthcare workers face a reckoning with AI.
November 11
A proposed federal labor law overhaul, SCOTUS declines to undo a $22 million FLSA verdict, and a railroad worker’s ADA claim goes to jury trial.