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 President Trump previously issued a Schedule F order in 2020, which NTEU also sued to challenge; President Biden rescinded the order before a judge could rule on that case.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 7
A challenge to a federal PLA requirement; a delayed hearing on collective bargaining; and the IRS announces relief from "no tax on tips" reporting requirements.
November 6
Starbucks workers authorize a strike; Sixth Circuit rejects Thryv remedies; OPEIU tries to intervene to defend the NLRB.
November 5
Denver Labor helps workers recover over $2.3 million in unpaid wages; the Eighth Circuit denies a request for an en ban hearing on Minnesota’s ban on captive audience meetings; and many top labor unions break from AFGE’s support for a Republican-backed government funding bill.
November 4
Second Circuit declines to revive musician’s defamation claims against former student; Trump administration adds new eligibility requirements for employers under the Public Service Loan Forgiveness program; major labor unions break with the AFGE's stance on the government shutdown.
November 3
Fifth Circuit rejects Thryv remedies, Third Circuit considers applying Ames to NJ statute, and some circuits relax McDonnell Douglas framework.
November 2
In today’s news and commentary, states tackle “stay-or-pay” contracts, a new preliminary injunction bars additional shutdown layoffs, and two federal judges order the Trump administration to fund SNAP. Earlier this year, NLRB acting general counsel William Cowen rescinded a 2024 NLRB memo targeting “stay-or-pay” contracts. Former General Counsel Jennifer Abruzzo had declared that these kinds […]