Posts tagged arbitrary and capricious
Union sues DHS to protect TSA screeners’ collective bargaining rights
March 18, 2025 // The lawsuit accuses the Trump administration of violating the Administrative Procedure Act’s prohibition on “arbitrary and capricious” decision-making, as well as breaching their contractual obligations under the 2024 collective bargaining agreement and in so doing, violating union members’ due process rights under the Fifth Amendment. The union also brings a First Amendment claim, arguing that the Trump administration’s decision to revoke TSA screeners’ collective bargaining rights was in retaliation for the union’s other lawsuits against the executive branch, most notably their challenge of the mass firing of probationary workers across government. A federal judge on Thursday issued a preliminary injunction in that case, requiring agencies to reinstate tens of thousands of improperly terminated workers.
Judge Strikes Down Biden Admin Rule Affecting Millions Of Workers
August 21, 2024 // U.S. District Court Judge Ada Brown for the Northern District of Texas ruled that the Federal Trade Commission’s (FTC) banning the entire category of noncompetes, rather than targeting “specific, harmful” sub-categories of the agreements, went beyond the commission’s mandate to police unfair methods of competition. The ban on the contracts that limit workers’ ability to move to rival firms, which was announced in April, was supposed to go into effect on September 4 and would have affected roughly 30 million American workers, according to the initial FTC press release.
Opinion: Biden must reverse course and protect independent contractors
June 17, 2022 // With this new rulemaking period, the administration has a chance to turn the page on its stridently anti-independent contractor stance. Any new rules should protect the right of Americans to make a living outside of a traditional employment relationship. Under current law, there are two ways an individual can have a relationship with someone that is paying you. The first is an employee, where a person that is paying the individual has total control over how, when, and where the work is being done.