Case: American Federation of State, County and Municipal Employees, Afl-Cio v. U.S. Department of Labor

1:26-cv-03162 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 10, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary, while we research the case.]

This case challenges the U.S. Department of Labor’s 2026 rule eliminating the longstanding requirement that states use merit-based employees to provide Employment Service (ES) services under the Wagner-Peyser Act. AFSCME argues that the rule is unlawful because the Act authorizes DOL to impose merit-staffing requirements and that DOL acted arbitrarily and capriciously by failing to adequately consider the benefits of merit staffing, the risks of non-merit staffing, and its prior findings supporting the requirement.

Summary Authors

Ana Lopez (11/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74770756/parties/american-federation-of-state-county-and-municipal-employees-afl-cio-v/

Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Pulver, Adam R. (District of Columbia)

Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Pulver, Adam R. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-03162	Complaint American Federation of State v. U.S. Department of Labor	Sept. 10, 2026	Sept. 10, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/74770756/american-federation-of-state-county-and-municipal-employees-afl-cio-v/

Last updated Nov. 9, 2026, 3:10 a.m.

Docket for: AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO v. U.S. DEPARTMENT OF LABOR

ECF Number	Date	Description	Link
1	Sept. 10, 2026	COMPLAINT against KEITH SONDERLING, U.S. DEPARTMENT OF LABOR ( Filing fee $ 405 receipt number ADCDC-12663771) filed by AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Department of Labor, # 3 Summons Sonderling, # 4 Summons AG, # 5 Summons USAO)(Pulver, Adam) (Entered: 09/10/2026) 1 Civil Cover Sheet View on PACER 2 Summons Department of Labor View on PACER 3 Summons Sonderling View on PACER 4 Summons AG View on PACER 5 Summons USAO View on PACER	Clearinghouse
2	Sept. 10, 2026	SUMMONS (4) Issued Electronically as to AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(gsk) (Entered: 09/10/2026) 1 Notice and Consent View on PACER	RECAP
3	Sept. 10, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/10/2026. Answer due for ALL FEDERAL DEFENDANTS by 11/9/2026. (Pulver, Adam) (Entered: 09/10/2026)	RECAP
	Sept. 10, 2026	Case Assigned/Reassigned
	Sept. 10, 2026	Case Assigned to Judge John D. Bates. (gsk)
4	Sept. 11, 2026	Notice of Appearance	RECAP
5	Sept. 11, 2026	Notice of Appearance	RECAP
6	Sept. 11, 2026	Notice of Appearance	RECAP
7	Sept. 29, 2026	Summons Returned Executed as to Federal Defendant	RECAP
8	Sept. 29, 2026	Summons Returned Executed as to Federal Defendant	RECAP
9	Sept. 29, 2026	Summons Returned Executed as to U.S. Attorney General	RECAP
10	Nov. 6, 2026	Notice of Appearance	RECAP
11	Nov. 6, 2026	Scheduling Order	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Labor Rights

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Appointments/Civil Service

Key Dates

Filing Date: Sept. 10, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff AFSCME is a membership association and labor union whose membership includes individuals employed by state and local ES agencies funded under Wagner-Peyser grantsin-aid in Alaska, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maryland, Minnesota, Nebraska, New Mexico, New York, Ohio, Pennsylvania, and Washington.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Labor

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-03162

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Recommended Citation

Case Summary of American Federation of State, County and Municipal Employees, Afl-Cio v. U.S. Department of Labor, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48503/ (last updated 11/7/2026).