Miriam Li is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s news and commentary, the Trump administration released new guidelines reminding federal agencies that religious expression in the workplace is protected by the Constitution and Title VII, the International Brotherhood of Boilermakers is suing former union president for repayment of mismanaged of union funds, and Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
On Monday, the Trump administration released new guidelines reminding federal agencies that religious expression in the workplace is protected by the Constitution and Title VII of the Civil Rights Act. The guidance affirms that federal employees and supervisors may openly display religious symbols, hold prayer groups, and promote religious events, provided these activities do not amount to harassment. While similar guidance was issued during the Clinton administration in 1997, these new guidelines contain fewer detailed examples of caveats, and do not clarify whether they supersede those earlier policies. Scott Kuper, the director of the Office of Personnel Management, described the guidelines as ensuring that federal workplaces are “welcoming to Americans of all faiths,” but some legal experts have expressed concerns that the guidelines lack sufficient guardrails to prevent coercive behaviors by supervisors.
Also this week, the International Brotherhood of Boilermakers (IBB) is suing former union president Newton B. Jones for nearly $500,000 in restitution payments. Previously, IBB’s executive council removed Jones from office and ordered the restitution payment following his misuse of union money for personal travel and payments to his spouse. Jones attempted to overturn the council’s decision in federal court, but the ruling against him was upheld by the Tenth Circuit. On Monday, the IBB filed a complaint alleging that Jones violated the union’s constitution by refusing to repay the misused union funds, and seeking enforcement of the decision through Section 301 of the Labor-Management Relations Act.
Finally, Uber has criticized a new proposed rule by New York City Mayor Eric Adams would require delivery app workers to carry company-issued identification numbers on reflective vests, arguing that it is discriminatory and unfairly targets immigrant couriers. If implemented, the proposal would mandate that couriers carry identification cards with their names, photos, and unique identification numbers to be presented upon request by law enforcement or authorized officials. Under the new proposal, companies would also have to maintain and share courier records with city authorities. While Mayor Adams has suggested that the regulations are essential for worker visibility and protection, Uber argues that this regulation would unfairly expose immigrant workers to increased police scrutiny. The NYC Department of Transportation will hold a public hearing on the proposal on September 2.
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November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
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