Pull to refresh
Logo
AFSCME sues Labor Department over rule ending merit staffing for job centers

AFSCME sues Labor Department over rule ending merit staffing for job centers

Rule Changes

Union challenges rule that would end merit-based hiring for state-run job-search offices

Yesterday: AFSCME files lawsuit against DOL

Overview

Updated 52 minutes ago

The American Federation of State, County and Municipal Employees sued the U.S. Department of Labor on September 10 over a rule that scraps merit-based hiring for staff running the nation's job-search program. The Employment Service, a federal-state partnership created in 1933, helps unemployed Americans find work through state-run job centers.

AFSCME says the rule change violates the program's statutory mandate and is arbitrary and capricious under the Administrative Procedure Act. The case, filed in federal court in Washington, D.C., is the latest in a series of union lawsuits challenging the Trump administration's moves to weaken civil service protections.

Why it matters

If the rule stands, America's job centers could hire staff without merit-based selection, replacing career civil servants with political appointees or contractors.

Questions about this story

Free account needed to ask — your question is kept and asked for you right after sign-up. Answers are public.

No questions yet — be the first to ask.

Key Indicators

93
Years merit staffing has been required
The Wagner-Peyser Act of 1933 established merit-based hiring standards for Employment Service staff.
50
States that administer Employment Service offices
Federal funding flows to state workforce agencies that operate job-search and placement services.
4
Major union lawsuits against administration civil service changes
Includes challenges to OPM personnel rules, USDA reorganization, FEMA staffing, and this DOL rule.

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

Sign up to generate historical perspectives on this story.

Play

Exploring all sides of a story is often best achieved with Play.

Most of these play right now — no account needed. Sign up to save scores, keep a streak, and unlock Debate and Predict. Log in Sign Up
Predict 3 ways this could play out. Back the one you believe — contrarian picks score more when a scenario has a resolution date. Log in to play

People Involved

Organizations Involved

Timeline

June 1933 September 2026

3 events Latest: Yesterday
  1. DOL issues final rule ending merit staffing

    Rule Change

    The Department of Labor publishes a final rule removing merit staffing requirements for Employment Service workers. Exact date not stated in sources.

  2. Wagner-Peyser Act creates the Employment Service

    Legislation

    Law establishes the federal-state job-search program and requires merit-based hiring for its staff.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

June 1933

Wagner-Peyser Act and the New Deal employment system (1933)

Congress created the Employment Service to coordinate job placement through state offices during the Depression. The law made merit-based staffing a condition of federal funding, a response to patronage abuses in earlier state employment systems.

Then

States built a nationwide network of job centers under federal standards.

Now

Merit staffing became a cornerstone of the program, surviving intact for 93 years until this rule change.

Why this matters now

The current dispute turns on whether DOL can unilaterally undo a staffing standard that has been law since the New Deal.

2018

Federal employee union challenges to 2018 executive orders

Trump signed executive orders restricting federal employee union rights and speeding up disciplinary firings. AFGE and other unions sued, arguing the orders violated federal labor law and exceeded executive authority.

Then

The Federal Labor Relations Authority struck down the union-representation portions in 2019.

Now

Courts reaffirmed that agencies cannot unilaterally rewrite civil service rules without statutory authority, a precedent the current suit invokes.

Why this matters now

The AFSCME case relies on the same legal principle: agencies cannot waive statutory requirements through rulemaking alone.

October 2020

Schedule F executive order (October 2020)

Trump signed an executive order reclassifying tens of thousands of career policy-making federal employees as at-will, stripping them of civil service protections. Unions and oversight groups challenged the order as a violation of the merit system principles.

Then

The order never took full effect before Trump left office.

Now

Biden rescinded it in January 2021. The episode became a template for subsequent attempts to weaken federal worker protections.

Why this matters now

This DOL rule is part of the same effort to dismantle merit-based hiring in the federal government, renewing a fight unions won in the prior administration.

Sources

(6)