Kaitlin Knocke is a student at Harvard Law School.
In today’s news and commentary, New York City Mayor Zohran Mamdani signs an executive order to protect workers in hazardous heat, the Fifth Circuit denies enforcement of an NLRB order against Starbucks, and the AFGE is unlikely to secure an injunction against FEMA layoffs.
On Monday, New York City Mayor Zohran Mamdani signed Executive Order No. 17, aimed at protecting workers exposed to extreme heat. The order requires every mayoral agency to develop and implement heat illness prevention plans for New York City employees and contractors. The Department of Buildings will also revise construction-site heat safety requirements and provide recommendations by March of next year. The order comes on the heels of the release of the New York City Health Department’s 2026 Heat-Related Mortality Report, which found that approximately 500 heat-exacerbated deaths occur in New York City each year. The announcement also noted that over 1.4 million people in the city spend extended periods working outdoors during the summer, accounting for roughly one-third of the city’s workforce.
Announcing the order, Mamdani emphasized that “[no] one should have to choose between their paycheck and their health” and that workers have “borne the burden of extreme heat while government looked the other way.”
The order comes as the United States continues to experience record-breaking heat waves while comprehensive workplace heat standards at both the federal and state levels have largely stalled.
On Tuesday, the U.S. Court of Appeals for the Fifth Circuit overturned a National Labor Relations Board (NLRB) finding that Starbucks Corp. unlawfully fired a worker for engaging in union activity. Writing for the court, Judge Jerry Smith ruled that the NLRB relied on faulty comparator evidence in concluding that Starbucks terminated an employee because of anti-union animus at one of its Southern California stores. The court also denied enforcement of other NLRB orders finding that Starbucks had made coercive threats against employees. The case is one of at least six NLRB decisions that Starbucks has challenged recently in the conservative-leaning Fifth Circuit, despite the underlying conduct occurring elsewhere.
Also on Tuesday, the American Federation of Government Employees (AFGE) appeared unlikely to secure an injunction preventing the Federal Emergency Management Agency (FEMA) from laying off thousands of on-call responders. The union alleges that the agency plans to eliminate roughly half of its workers, or about 11,000 employees, by cutting a category of temporary disaster relief workers. During a hearing in federal court in San Francisco, Judge Susan Illston indicated that she was likely to deny AFGE’s request for a preliminary injunction because FEMA has offered to rehire some of the terminated workers.
AFGE attorney Stacey Leyton of Altshuler Berzon LLP warned that further harm was likely absent an injunction, arguing that “[n]othing prevents [FEMA], the day after this court denies the preliminary injunction, from just moving forward with whatever their mysterious secret plan is to restructure this agency.”
Daily News & Commentary
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August 31
Boston Symphony Orchestra musicians stave off first-ever strike; Cleveland Public Library workers ratify new contracts; New York State AFL-CIO makes endorsements
August 30
Seattle teachers vote to authorize a strike days before the school year begins; BNSF Railway’s AI dispatching system puts workers in danger; and a California court finds that the DOL’s pay cuts for non-citizen farmworkers are unlawful.
August 28
Calls for a “token tax” on AI consumption grow and the number of Amazon workers on federal aid explodes.
August 27
NLRB GC targets Biden-era precedent; Starbucks Workers United calls for boycott; Encore Boston Harbor workers authorize strike
August 26
Trump administration proposes $103,000 H-1B visa fee after court blocks earlier attempt; Illinois governor signs law enabling state investment in AFL-CIO housing trust; Deloitte pays $21.5 million to settle DOJ probe alleging DEI-related discrimination in federal contracts.
August 25
Hyundai workers reach a tentative agreement; Federal-sector unions sue the Trump Administration over OPM rule changes; Federal judge dismisses a teachers’ union free speech suit.