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Employers and workers alike are wary of what the second Trump term will mean for labor

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Employers and workers alike are wary of what the second Trump term will mean for labor

After four years under Joe Biden, who enthusiastically called himself “the most pro-union president in American history,” employers and labor groups alike are heading into President-elect Donald Trump’s second term unsure of what lies ahead.

Although his nominee for Labor secretary has won bipartisan praise and has a pro-labor track record, Trump’s threats to deport millions, impose tariffs and weaken worker protections have left many in the labor movement wary of what his time in office will bring.

Here’s what a second Trump administration could mean for labor.

What is the National Labor Relations Board and what could happen to it under Trump?

The National Labor Relations Board is the federal agency tasked with safeguarding the right of private employees to unionize or organize in other ways to improve their working conditions. Under Jennifer Abruzzo, whom Biden appointed to run the NLRB as its general counsel, the board took “a fairly innovative and aggressive approach” to enforcing protections, said labor attorney Benjamin Dictor, who represents several unions, including United Auto Workers and a Teamsters local.

Abruzzo took an expansive approach to labor law that favored workers. For example, she pushed through a ban on noncompete agreements, which restrict a person’s ability to get a new job after leaving a post. She also drove regional offices to pursue more broad remedies for harmed workers and successfully sought a ban on captive audience meetings, in which employers require staff to listen to anti-union arguments.

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Dictor and others anticipate the Trump administration will swiftly replace Abruzzo with a more employer-friendly general counsel. This type of ping-ponging of priorities from administration to administration is typical, but the change is expected to be even more pronounced, given Abruzzo’s novel approach.

Trump also has a clear path toward securing a Republican majority on the five-member board itself, which will allow his administration to reverse gains that unions made under Biden. The labor board probably will seek to reverse decisions that expedited the union election process, put pressure on employers to voluntarily recognize and negotiate with unions, prohibited confidentiality and non-disparagement provisions and banned captive audience meetings, among other actions, said Adam Primm, an attorney who represents employers.

Senate Majority Leader Charles E. Schumer (D-N.Y.) led a last-ditch attempt last week to lock in Democratic control of the board for the next two years, but the effort collapsed when the Senate failed to approve a second term for one of Biden’s nominees.

Trump has promised to deport millions of people. What would that mean for the economy?

A major deportation effort could have a significant effect on industries that rely heavily on immigrant workers including agriculture, construction and hospitality.

The Center for Migration Studies of New York estimates that as many as 8.3 million immigrants working in the U.S. are here illegally and they represent more than 5% of the workforce.

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Among employers there is rising concern that under Trump there will be a significant increase in workplace raids, audits of employment eligibility documents and other immigration enforcement actions against companies, said George Howard, an attorney with Quarles & Brady.

Labor advocates, meanwhile, worry about the opposite happening: Enforcement against unscrupulous employers will fall by the wayside.

For example, immigrant labor advocates expect Trump will do away with a Biden program that awards job permits to undocumented workers at companies under investigation for workplace violations — an effort intended to encourage cooperation with investigations of safety, wage and other labor violations.

Attorney Yvonne Medrano of Los Angeles-based Bet Tzedek Legal Services, a nonprofit legal advocacy group, said there is concern that employers of undocumented immigrants may feel emboldened to exploit workers if the government eases up on efforts to root out wage theft, child labor and other violations.

Trump has said he will impose sweeping tariffs. How could they affect American workers?

Trump has said he will impose sweeping tariffs on key trading partners including Canada, Mexico and China as soon as he takes office. The effects of those tariffs could hit American workers in several ways.

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Prices would rise on certain goods in industries affected by tariffs, broadly increasing the cost of living and eroding workers’ purchasing power unless wages rise commensurately, said Mark Zandi, chief economist at Moody’s Analytics.

Higher prices would have an outsize effect on lower-income workers because a larger proportion of their budget is spent on food and clothing, Zandi said.

And it’s likely that countries facing tariffs from the U.S. would retaliate with their own tariffs, as China did during Trump’s first term. The trade war Trump led in his first term delivered higher costs to consumers and uncertainty to the U.S. auto, agricultural and manufacturing sectors.

Companies that rely on imported goods, such as machine parts and industrial supplies, will be forced to pay more for those goods, ballooning their costs and potentially forcing them to make job cuts, Zandi said.

Trump has picked Lori Chavez-DeRemer, a pro-union Republican, to lead the Labor Department. What does that mean for workers?

The union-friendly track record of Trump’s Labor secretary choice has fueled anxiety among the GOP, with several Republican senators expressing concern. Lori Chavez-DeRemer is known for being one of only three GOP lawmakers who co-sponsored legislation, known as the PRO Act, that would have significantly expanded labor rights, including measures that increased penalties for employer labor law violations and expanded union eligibility.

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Trade groups have also emphasized concern with the choice.

“IFA looks forward to ensuring the job-killing PRO Act and Biden-era joint employer standard have no place in the incoming administration,” Matt Haller, chief executive of the International Franchise Assn., said in a recent statement. He was referring to an attempt by Biden to broaden rules for when two or more companies should be considered employers of a group of workers.

Although a pro-worker appointee has sparked concerns, attorney Patrick Muldowney, who represents employers on labor issues, said the appointment does not mark a tangible threat to employers.

“I don’t see that as moving the needle very far,” Muldowney said.

The Department of Labor administers federal laws governing minimum hourly wage and overtime pay, as well as protection against employment discrimination, workplace safety rules and unemployment insurance. Its reach is less visible in states like California that have implemented stronger protections than those offered at the federal level.

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Labor advocates still expect the Trump administration to pursue anti-worker changes under Chavez-DeRemer.

Judy Conti, government affairs director of the National Employment Law Project, said she anticipates the Trump administration will ease up on enforcing safety rules, narrow eligibility for overtime pay and make it harder for gig-economy workers to gain status as employees.

“Chavez-DeRemer’s record suggests she understands the value of policies that strengthen workers’ rights and economic security,” said Rebecca Dixon, president and CEO of NELP, in a news release last month. “But the Trump administration’s agenda is fundamentally at odds with these principles.”

Her “true commitment to workers will be tested,” Dixon said.

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Walmart’s EV chargers are coming to California with discounts for members

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Walmart’s EV chargers are coming to California with discounts for members

Walmart is rapidly expanding its network of electric vehicle chargers designed for customers to use while they shop.

The network could help fill gaps in EV infrastructure in states with greater need for chargers. Walmart, which has more than 5,000 locations in the U.S. and hundreds in California, says more than 90% of Americans live within 10 miles of one of its stores.

The chargers also offer an incentive for customers to choose Walmart — Walmart Plus members will receive a 10% discount off an average price of $0.46 per kilowatt-hour of energy at the company’s chargers.

Walmart chargers are already available at more than 75 locations in 17 states, with Texas boasting the most charging stations, followed by Florida and Arizona.

Matthew Nelson, Walmart’s director of energy policy, said last week on LinkedIn that the network will soon reach 29 states, including California.

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“We are delivering on the promise of affordable, reliable and convenient charging,” Nelson said in his post.

According to Walmart’s website, six charging stations are coming to California soon, though the company did not offer a specific timeline.

The chargers will be installed at stores in Antelope, Brea, Fresno, Stockton, Suisun City and Vallejo.

Most charging sites in California will include eight to 16 fast-charging stalls, said Walmart spokesperson Kelsey Bohl.

The company first announced plans in April 2023 to install its own EV chargers at Walmart and Sam’s Club stores, with a goal of installing thousands of chargers by 2030. Partnering with ABB E-Mobility and Alpitronic, it added 25 new charging sites this past May and six more in June.

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“Walmart is building a leading retail-integrated EV fast-charging network, focused on delivering an affordable, reliable and convenient charging experience where customers already shop,” Bohl said in an emailed statement. “Customers can charge while they shop, access stations through the Walmart app they already use, and benefit from affordable pricing.”

The charging stations already available include 612 individual charging stalls using 400-kilowatt chargers. Each stall has a dual charging cord with both Combined Charging System and North American Charging Standard connectors. The standard connectors, designed by Tesla, are smaller and lighter than the combined systems.

The primary way to pay for the chargers is through the Walmart app, but the company is also experimenting with built-in credit card readers to allow those without the app to use the stations.

Customers can check charger availability on the Walmart app. The company said the chargers will be available 24 hours a day.

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Waymo reports teen riders for bad behavior and delivers them to the police

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Waymo reports teen riders for bad behavior and delivers them to the police

Robotaxis could be turning into robocops.

A self-driving Waymo reported two teens to San Mateo, Calif., police on Monday after they were found drinking alcohol and shooting toy guns in the back of the vehicle.

According to a social media post from the San Mateo Police Department, officers detained two 15-year-olds after the Waymo they were riding in contacted the department and stopped in a parking lot until law enforcement arrived.

“Parents do you know where your teens are?” the San Mateo Police Department wrote on Facebook following the incident. “Waymo does!”

Officers removed both teens from the vehicle and determined they were using toy guns to shoot Orbeez out the windows. Orbeez are small, water-absorbing beads sold at toy stores.

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“Toy guns, water guns, and BB guns all pose real dangers, especially to an untrained eye,” the Police Department said. “The simple handling of them can cause fear in [passersby].” “

A video posted on Facebook shows at least five officers and a police dog responding to the scene and approaching the Waymo with their weapons raised.

Waymo did not immediately respond to a request for comment.

Waymo vehicles have internal cameras and microphones that may be used in an emergency or to “promote safety and security,” according to Waymo’s online support page.

The cameras are also used to ensure the vehicles are clean and to help find lost items, according to the support page.

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The company said it does not use facial recognition or other biometric identification technologies to identify individuals.

“In more urgent circumstances, support may access live video during a trip,” the Waymo page said.

The San Mateo Police Department’s Facebook post has garnered nearly 60 comments, with one user accusing Waymo of “snitching.”

“At least they got a designated driver?!” one user commented.

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.

On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.

The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”

The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.

There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.

— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports

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Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.

Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.

In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”

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Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”

From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.

No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.

But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.

The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)

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West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?

But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.

It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.

Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.

He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)

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I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”

Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.

Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.

In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”

In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”

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Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)

It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.

Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.

They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)

Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”

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Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.

Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”

B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”

So whose interest was really protected by the Supreme Court?

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