At the New York Times, Michael Corkery writes about the allies “Dreamers” find in the business world. The article, which identifies public statements made in support of the Deferred Action for Childhood Arrivals (DACA) program by prominent business figures (e.g. Mark Zuckerberg), is published on the heels of reports that the Trump administration intends to end DACA with a six-month delay.
Further to yesterday’s commentary on the North American Free Trade Agreement (NAFTA) negotiations, Reuters reports that the “Trump administration’s expected demands for U.S.-specific automotive content requirements was emerging as a major obstacle to a deal.” Such requirements would establish that a certain portion of a car’s components be U.S.-made in order to receive duty-free treatment. As the article reports, this would create complications for both Detroit and international auto-manufacturers. The Trump administration has identified reducing the U.S. trade deficit as a “top priority” in renegotiating the Agreement, and the auto sector comprises most of the trade deficit with Mexico.
Last week, the Sixth Circuit held that putting a workplace grievance on hold because the employee files an EEOC charge constitutes retaliation. In Watford v. Jefferson County Board of Education et al., 6th U.S. Circuit Court of Appeals, No. 16-6183, an African American woman and teacher initiated an internal grievance procedure after being fired, claiming discrimination based on her race, sex, and age. She also filed a charge with the EEOC, which, under the terms of the Collective Bargaining Agreement (CBA) between the school board and the teachers’ union, triggered a stay in the internal grievance. The court nonetheless determined that the stay in the internal grievance procedure violated the anti-retaliation provisions of Title VII and the Age Discrimination in Employment Act (ADEA), reasoning that there was “not a material difference” between staying and terminating internal grievance procedures, and the latter had been held to constitute retaliation in 2006 precedent.
In addition to yesterday’s Labor Day roundup of labor-themed writing, check out Senator Elizabeth Warren’s review of the Trump administration’s record with respect to workers and the middle class.
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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.