Jon Weinberg is a student at Harvard Law School.
2017 could be a tough year for labor unions at the state level. According to NPR, Kentucky has become the nations’s 27th “right-to-work” state, and Missouri and New Hampshire could join it in February. New Hampshire would become the first “right-to-work” state in the Northeast. Advocates in New Hampshire claim that “right-to-work” will entice businesses to relocate to the state, while opponents assert that “right-to-work” creates free rider problems and constitutes political reprisal against unions for supporting Democrats.
At the federal level, things might not be much better. The Washington Examiner reports that two Republicans will introduce national “right-to-work” legislation tomorrow. President Trump’s purported support has “right-to-work” advocates optimistic, despite previous failures in Congress.
With respect to President Trump’s agenda, unions are prepared to fight. Per Bloomberg BNA, “labor groups representing immigrants, women, blacks, Latinos and Asian-Americans vowed collective action against President Donald Trump at a rally in Washington Jan. 27” and “[Representatives from AFL-CIO constituency groups] promised grass-roots organizing with regional union chapters to protect immigrants and union workers and to ensure sanctuary cities remain.”
Unions are not the only parties concerned about Trump’s labor and employment agenda. Forbes notes that “tech firms may soon need to find new recruiting ground to the fill high-paying positions that President Donald Trump has repeatedly promised to make a core part of his plan to create more jobs and put ‘America first.’ Trump is reportedly considering a draft proposal to overhaul the current work visa program that Silicon Valley uses to bring tens of thousands of temporary workers into the U.S. from other countries each year.”
Finally, For The Win published the story of Kyle Johnson, a minor league baseball player “among four active minor league players attempting to join a lawsuit against Major League Baseball, its teams, and the MLB Players Association, and the first active player involved in the case to speak about it publicly.” The lawsuit “seeks to apply the terms of the Fair Labor Standards Act — i.e. minimum wage — to minor league players, who earn as little as $1100 a month at the rookie level, only get paid during the season, and do not receive overtime pay.”
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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.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.
February 19
Union membership increases slightly; Washington farmworker bill fails to make it out of committee; and unions in Argentina are on strike protesting President Milei’s labor reform bill.