Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Recently filed lawsuits by and against the Trump administration, (Oct 20, 2025)

By WK Editorial Staff

In a suit brought by the NLRB, it contends that a new California law, passed to fill gaps left by a defunct Board, violates the Supremacy Clause.

In National Labor Relations Board v. State of California & PERB, E.D. Cal., Case No. 2:25-cv-02979-TLN-CKD, filed on October 15, 2025, the NLRB seeks to block enforcement of California Assembly Bill No. 288 (AB 288), arguing it is preempted by the National Labor Relations Act (NLRA) under the Supremacy Clause. AB 288 allows California’s Public Employment Relations Board (PERB) to regulate private-sector labor relations when NLRA coverage is lost or the NLRB is deemed to have ceded jurisdiction—based on delays, lack of quorum, or constitutional challenges. The NLRB contends this creates a parallel labor regime that undermines federal uniformity, allowing PERB to impose civil penalties, binding arbitration, and automatic union certification without NLRA safeguards. The complaint contends that only the NLRB can formally cede jurisdiction, and that AB 288 disrupts centralized enforcement. California’s legislative findings cite NLRB inefficiency and assert a state duty to protect workers’ rights. The NLRB seeks declaratory and injunctive relief to prevent AB 288’s implementation.

In Chamber of Commerce v. DHS & State Dept., D.D.C., Case No. 25-cv-3675, filed on October 16, 2025, the U.S. Chamber of Commerce challenges the presidential proclamation imposing a $100,000 fee on new H-1B visa petitions. The Chamber argues the fee violates the Immigration and Nationality Act (INA), which sets statutory caps and fee structures, and exceeds presidential authority. “The President has significant authority over the entry of noncitizens into the United States,” the complaint states, “but that authority is bounded by statute and cannot directly contradict laws passed by Congress.” However, it claims that Trump’s proclamation “does precisely that: It blatantly contravenes the fees Congress has set for the H-1B program and countermands Congress’s judgment that the program should provide a pathway for up to 85,000 people annually to contribute their talents to the United States for the betterment of American society.”

The complaint asserts the fee contradicts congressional intent, that it eschewed the requisite rulemaking procedures, and that it harms American businesses—especially small firms—by making skilled foreign labor unaffordable. The Chamber cites economic studies showing H-1B workers boost innovation and productivity, as well as native-born employment. It claims the proclamation unlawfully alters the H-1B program’s structure and violates the Administrative Procedure Act (APA) by being arbitrary, capricious, and unsupported by statutory findings. Relief sought includes declaratory judgment, injunction, and vacatur of agency actions.

In International Union, United Automobile, Aerospace and Agricultural Implement Workers of America v. U.S. Department of State, S.D.N.Y., Case No. 25-cv-8566, filed on October 16, 2025, three major unions (UAW, CWA, and AFT) have sued over the “Challenged Surveillance Program,” an interagency initiative targeting visa holders and lawful permanent residents for online speech deemed anti-American, antisemitic, or pro-Palestinian. The program uses AI tools (e.g., ShadowDragon, ONYX, Babel X) to monitor sentiment and keywords across over 100 social media platforms. Executive Orders 14161 and 14188 authorize vetting for hostile views, leading to visa revocations, deportations, and public threats. Plaintiffs allege First Amendment violations—viewpoint discrimination, coercive threats, and suppression of association and information—and APA violations. Surveys show widespread chilling effects: noncitizens scrub social media, avoid union activity, and decline leadership roles. Unions report reduced engagement and diverted resources. Plaintiffs seek declaratory and injunctive relief to halt surveillance, purge records, and vacate agency actions.

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