Melissa Greenberg is a student at Harvard Law School.
Politico reports that the Senate will likely vote to confirm President Donald Trump’s nominee for labor secretary, Alexander Acosta, today. President Trump also appointed current National Labor Relations Board member Philip A. Miscimarra to serve as chairman of the National Labor Relations Board. Miscimarra has been serving as acting chairman of the Board beginning in January 23, 2017. The National Law Review suggests that being named to this position “while largely administrative, may bode well for Miscimarra’s renomination to a new term.” His term expires in December of 2017.
Yesterday, President Donald Trump assured Mexican President Enrique Peña Nieto and Canadian Prime Minister Justin Trudeau that he would seek to renegotiate NAFTA rather than exit the agreement right away. The White House had indicated earlier on Wednesday that President Trump would sign an executive order officially withdrawing from the trade agreement. The New York Times suggested the initial White House announcement on withdrawal was “an example of Mr. Trump’s deal-making in real time.” Under NAFTA Article 2205, the United States must provide six months advanced warning before terminating the trade agreement. It remains unclear whether President Trump might still sign an executive order initiating withdrawal from the agreement at some point in order to begin the notification process and gain leverage in negotiations. Read more here.
In other news from the White House, President Donald Trump vowed to appeal an order by Judge William H. Orrick of the Federal District Court for the Northern District of California. The order temporarily restrains the Administration from withholding federal funds from sanctuary cities. Although the federal government has yet to flesh-out the definition of a sanctuary city, the term is generally defined as a jurisdiction that does not fully cooperate with efforts by the federal government to enforce its immigration policy. Read more about the decision here.
Daily News & Commentary
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February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.