Liana Wang is a student at Harvard Law School.
In today’s news and commentary, the DC Circuit lifts a preliminary injunction on Trump’s collective bargaining ban for federal workers; HHS, DOL and Treasury pause a 2024 mental health parity regulation; and NJ Transit workers continue into the third day of a historic strike.
In a 2-1 decision issued on Friday, the D.C. Circuit overturned an injunction against Executive Order 14251 in NTEU v. Trump. The EO threatened to end collective bargaining rights for about 100,000 federal workers at over a dozen agencies on the grounds that they conducted national security work. Two circuit judges held that the union failed to show it would suffer irreparable harm, and the injunction interfered with the President’s autonomy on national security issues. In line with another Trump Administration directive in March, the majority also noted that the union should have posted a financial bond to cover the potential costs of a wrongly issued injunction.
Meanwhile, HHS, DOL, and Treasury have announced they will not enforce another Biden-era regulation as they consider whether to rescind it. The Biden Administration’s mental health parity rule required insurers and employers to make sure that their plans provided the same level of “meaningful benefits” for mental health conditions as for physical ones. The regulation was meant to ensure greater compliance with the 2008 Mental Health Parity and Addiction Equity Act. The ERISA Industry Committee, which represents several Fortune 500 companies, challenged the regulation in January 2025. The pause comes amid other attacks on research and funding for mental health and addiction services.
And, updating Justin’s story from Monday, New Jersey Transit workers and members of the Brotherhood of Locomotive Engineers and Trainmen officially went on strike for the first time in 40 years starting Friday. The locomotive engineers are asking for salary raises, arguing that they make 20% less compared to engineers at other regional rail systems. Hours of contract talks Saturday did not produce an agreement. As the strike continues into its third day today, NJ Transit and the union are returning to meet with a mediator in Newark.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
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