Today’s News & Commentary — March 8, 2017

Today is International Women’s Day, and many women around the country are participating in a strike that has been billed as “A Day Without a Woman.”  The action is intended to highlight the economic importance and impact of women on society, and it was organized following the Women’s March on January 21.  CNN reports that American women “aren’t the only ones taking to the streets.”  In Ireland, women and pro-choice activists are expected to rally across the country in a day of action dubbed “Strike 4 Repeal,”  aimed at repealing Ireland’s eighth amendment, which places the right to life of an unborn child on equal footing with the right to life of the mother.  In Australia, thousands rallied in Melbourne, demanding economic justice and reproductive rights for women around the world.  In the Philippines, women’s rights activists marched to the embassy in Manila, carrying signs calling for employment and discrimination reforms. Protests also took place in Rome and Moscow.

Politico weighs in on Trump’s revised executive order, noting that attention “may now shift to the refugee-related provisions” in the order.  The new order exempts valid visa holders and eliminates the provision that called for the U.S. to prioritize religious minorities (i.e. non-Muslims) in refugee admissions, but left in place a 120-day suspension of the refugee resettlement program (although Syrian refugees are now barred only temporarily, whereas before they were barred indefinitely).

At the Atlantic, Alana Semuels interviews David Weil, an Obama appointee who directed the Department of Labor’s wage-and-hour division, about the future of DOL under Trump.  One of Weil’s big worries concerns “the overlay of immigration policies on…the labor market.”  As Weil put it, “There’s a lot of writing on the wall that deeply, deeply concerns me.”

In international news, Argentina’s main labor union led a mass picket on Tuesday to protest job cuts and pay raises.  According to Reuters, the picket attracted tens of thousands of demonstrators and took place in the midst of a two-day teachers’ strike.  The protests also come at a bad time for Argentinian President Mauricio Macri: key congressional elections are slated to take place in October, and Macri needs his political coalition to do well “in order for him to keep pushing his economic reforms through Congress and position himself for re-election in 2019.”

The Role of the Labor Market in the Trump Travel Ban Litigation

Among the executive orders and presidential memoranda issued by the Trump White House during its inaugural weeks in power, the order titled “Protecting the Nation from Foreign Terrorist Entry into the United States” — colloquially known as the “travel ban” or “Muslim ban” — stands out for the degree of political and legal fire that it has drawn.

Issued on January 27, the travel ban immediately barred citizens from seven Muslim-majority countries from entering the U.S. for 90 days, purportedly to provide the Department of Homeland Security with time to review immigrant vetting procedures.  It also imposed restrictions on refugee entry into the U.S.

Of the dozens of lawsuits filed against the travel ban, the challenge brought by Washington and Minnesota — Washington v. Trump — has gone furthest toward striking it down.  On February 3, the Seattle-based federal district court judge hearing the lawsuit issued a nationwide temporary restraining order (TRO) against the ban’s enforcement, a decision upheld by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.  In response to the panel’s decision, the Trump Administration is currently revising the ban.

Despite national interest in the travel ban’s legality, however, the news coverage and online commentary about Washington v. Trump have largely overlooked a key feature of the states’ case: the travel ban’s purported effects on their labor markets as the bases for their injuries.

Continue reading

Guest Post: An Obama Executive Order That Trump Should Love

Sharon Block served in the Obama Administration as the Principal Deputy Assistant Secretary for Policy at the Department of Labor and Senior Counselor to the Secretary of Labor.  In February, she will become the Executive Director of Harvard University’s Labor and Worklife Program.  Chris Lu served in the Obama administration as the Deputy Secretary of Labor, and is now a Senior Fellow at the University of Virginia Miller Center.  This post originally appeared in The Huffington Post.

As former political appointees in the Obama administration’s Labor Department, we can think of few areas where we are in agreement with Donald Trump.  In fact, we have fundamental differences with him about how to build an economy that works for everyone.

Yet, we share his belief that government needs to do more to lift up American workers.  If the new president is interested in delivering on his promise of creating jobs and growing wages for workers, there’s an executive order already in place that he should support.

Every year, the federal government spends hundreds of billions of dollars on procurement contracts.  By some estimates, one quarter of all American workers are employed by a federal contractor — that’s millions of families whose livelihoods are connected to the federal procurement system.

In 2014, Barack Obama signed an executive order called “Fair Pay and Safe Workplaces” that was premised on two fundamental principles: doing business with the federal government is a privilege, not a right; and taxpayer money should only go to companies that are abiding by the laws that protect American workers.  Under the Obama executive order, the federal government would give contracts only to companies that pay their workers the wages they’ve earned, protect the health and safety of employees, and prohibit discriminatory practices.

Continue reading

Illinois Gov. Signs EO Banning Fair Share Fees

The Governor of Illinois, Bruce Rauner, today issued an Executive Order banning fair share fee agreements for public sector workers in the state.  Under the Order, all state agencies are “prohibited from enforcing . . . Fair Share Contract Provisions.” Much of the Order describes the Governor’s reading of Harris v. Quinn and his conclusion that fair share fees are now unconstitutional, amounting to compelled speech that violates the First Amendment.  The Governor is also pursuing judicial action to invalidate fair share fees, telling the Chicago Sun Times that he is “simultaneously filing what is known as a declaratory judgement action in the federal court asking ultimately that the (Illinois) Supreme Court declare that these fair share provisions are unconstitutional.”

The Executive Order is here.  Thanks to Paul Secunda for flagging this important development.