Labor Policy

NLRB – A federal appeals court ruled that Congress cannot restrict the president’s ability to remove former National Labor Relations Board (NLRB) member Gwynne Wilcox. The ruling reversed a lower court’s decision in a closely watched case about the scope of presidential authority. President Trump fired Wilcox just a week into his second term, leaving the board without a three-member quorum necessary to resolve cases. Wilcox, whose term was set to expire in 2028, sued the Trump administration to keep her seat. She was reinstated twice before the U.S. Supreme Court issued an emergency order in May allowing Trump’s firings while the appeals court considered the case. This means that for now, a president has almost unfettered ability to reshape the Board upon taking office meaning policy shifts from administration-to-administration will be more abrupt. And, each administration will have a longer tenure of majority control to propagate policy. Businesses can also expect more direct alignment between White House policy and the NLRB’s enforcement posture, on a much faster timeline. The U.S. Supreme Court has already agreed to consider Trump v. Slaughter, a case that could further clear up questions around the reach of Humphrey’s Executor and executive power. More details.

U.S. Senate – Due to some procedural delays, the package of nominations including those of Scott Mayer and James Murphy to the NLRB was postponed until next week. The nomination of Crystal Carey as the agency’s general counsel is also included in that package.  When they are confirmed as expected, the Board will finally have a quorum. More details.

Ohio – The governor vetoed legislation that would have extended allowable working hours for 14- and 15-year-olds until 9:00PM instead of the current 7:00PM. The governor’s veto puts the bill, passed by votes of 24-9 in the senate and 62-30 in the house, into limbo. The house and senate could override the veto with a three-fifths vote in each chamber, which Republicans could do if every yay vote stays a yay. Regardless, because the federal Fair Labor Standards Act (FLSA) prohibits workers under 16-years of age from working past 7:00PM except on summer breaks and holidays, the law would be moot unless Congress amended the FLSA accordingly. More details.

New York City – The city council voted to override the mayor’s vetoes of two bills (Int. 982-A and Int. 984-A) requiring annual pay reporting and pay analyses. Originally passed in Oct., the bills are part of a broader effort to advance wage transparency and address perceived pay disparities based on race and gender. The new reports will be styled after the Component 2 EEO-1 pay data reports that were required by the federal Equal Employment Opportunity Council (EEOC) for the 2017 and 2018 reporting periods. Based on submitted employer data, a designated city agency will conduct a citywide pay equity audit based on aggregate data and prepare and publish recommendations for employer action plans for addressing pay disparities. While reporting deadlines will not kick in immediately, employers should begin preparing now for the upcoming new reporting requirements. More details.

Labor Activism

Washington, DC – A coalition of labor and advocacy groups, including One Fair Wage, filed an initiative that would raise the minimum wage to $25/hr by July of 2029 and phase out the tip credit by 2031. The measure must still go through a multistep process, including collecting signatures of at least 5 percent of registered voters in at least five wards, but organizers hope to have the initiative on the Nov. ballot, when residents will also cast votes for mayor, D.C. Council chair, and half the seats on the council. More details.

One Fair Wage – The group held a rally in Los Angeles featuring Hollywood notables Jane Fonda and comedian Nikki Glaser among others. The event dubbed, “Stand Up for a Living Wage” was described as “a special night of comedy, activism and community power” and coincided with the Winter Meeting of the Democratic National Committee in the city this week. Fonda has been a longtime ally of One Fair Wage and has traveled the country with its president, Saru Jayaraman, calling for the elimination of the tip credit and has even filmed a movie with her. More details.

Sustainability

Massachusetts – The Massachusetts Extended Producer Responsibility Commission voted to recommend further study of packaging EPR, including a potential needs assessment to be completed pending a budget appropriation from the state legislature. This process would fall to the Massachusetts Department of Environmental Protection’s Solid Waste Advisory Committee. The commission also voted to recommend that state legislators pursue an EPR law for electronics, adding to prior recommendations for paint, mattresses, and batteries. Legislative progress on waste and recycling has long been stalled in the state and this commission was created a year ago as part of a broader climate bill in an effort to continue the conversation. More details.

​​

Food Policy

Ohio – Legislation that would prohibit sales of all hemp-based items with more than 0.4 milligrams of total THC, the main psychoactive drug in cannabis as well as those containing synthetic cannabinoids is on its way to the governor. The legislation would also allow for 5-milligram hemp-derived THC drinks to temporarily remain legal in Ohio through the end of next year. The bill has undergone major revisions since its introduction last Feb. and was stalled until the governor issued an Executive Order earlier this fall essentially banning the products until the legislature acted. The governor is expected to sign the bill. More details.

Key Takeaway

• Marking the four-year anniversary since its first successful unionization vote in Buffalo, the Starbucks Workers United union organized baristas to walk off the job in 34 U.S. cities this week, escalating a month-long strike as their union tries to push the company towards its first-ever labor contract. The union said more than 3,800 baristas have joined the nationwide strike that has spread to over 180 stores across 130 cities, marking the longest work stoppage in the company’s history. The union, representing 11,000 baristas at more than 550 active stores in the U.S., is demanding improved staffing levels, more predictable schedules and better pay, saying current conditions leave baristas overworked and underpaid. The union has staged intermittent strikes since 2022, but the latest action is its most extensive effort to date. The escalation in activism isn’t happening in a vacuum. With the Supreme Court essentially validating President Trump’s firing of NLRB member Gwynn Wilcox and the pending U.S. Senate confirmation of two new Board members next week, the union will have little, to no, redress at the federal agency level. Street-level pickets and public pressure campaigns will present the only real opportunities for the union to press their case. As a result, expect further escalation in activism not only at Starbucks but potentially other brands as well.