At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions.
At issue in...more
7/15/2025
/ Administrative Procedure Act ,
Appeals ,
Citizenship ,
Class Action ,
Constitutional Challenges ,
Corporate Counsel ,
Executive Orders ,
Executive Powers ,
Fourteenth Amendment ,
Injunctions ,
Judicial Authority ,
Litigation Strategies ,
Regulatory Authority ,
SCOTUS ,
Trump Administration ,
Trump v CASA
The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more
5/29/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Employment Litigation ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Merits Systems Protection Board ,
NLRB ,
SCOTUS ,
Stays ,
Termination ,
Trump Administration
The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more
4/9/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Employment Litigation ,
En Banc Review ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Statutory Interpretation ,
Trump Administration
The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more
4/2/2025
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Executive Powers ,
Federal Labor Laws ,
FTC Act ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Stays ,
Termination ,
Trump Administration
The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more
3/18/2025
/ Appeals ,
Board Members ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Quorum ,
Termination ,
Trump Administration
On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more
2/21/2025
/ Biden Administration ,
Constitutional Challenges ,
Employment Litigation ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Quorum ,
Regulatory Reform ,
Rescission ,
Trump Administration ,
Unfair Labor Practices ,
Unions
On January 8th, the Federal Acquisition Regulatory Council withdrew a proposed rule that would have (1) prohibited federal government contractors and subcontractors from requesting or using compensation history in the hiring...more
1/10/2025
/ Biden Administration ,
Compensation & Benefits ,
Department of Defense (DOD) ,
Diversity and Inclusion Standards (D&I) ,
Equal Pay ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Applicants ,
Joe Biden ,
Pay Transparency ,
Proposed Rules ,
Salary/Wage History ,
Subcontractors ,
Trump Administration
On March 8, a federal judge in Texas ruled that the National Labor Relations Board’s new joint employer regulations, which were to take effect yesterday, are invalid as inconsistent with the National Labor Relations Act. ...more
On January 30, the Federal Acquisition Regulation Council, through its constituent agencies (the U.S. Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of...more
In an order issued yesterday, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, issued a two-week stay (through March 11) of the National Labor Relations Board’s new joint employer...more
The National Labor Relations Board announced Thursday that it was delaying the effective date of its new joint employer regulations from the original December 26 (end of next month) to February 26, 2024. The Board asserts...more
They are not employer-friendly.
On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more
10/31/2023
/ Browning-Ferris Industries of California Inc. ,
Compensation & Benefits ,
Hiring & Firing ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Supervision ,
Unfair Labor Practices ,
Wage and Hour ,
Workplace Safety
The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more
9/1/2023
/ Administrative Law Judge (ALJ) ,
Cemex ,
Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Section 7 ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more
8/17/2023
/ Boeing ,
Burden of Proof ,
Chilling Effect ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Interference Claims ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unions
On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more
On June 29, the U.S. Supreme Court held that admissions policies at Harvard University and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by using...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Federal Contractors ,
Federal Employees ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
On Wednesday the National Labor Relations Board reverted to an Obama-era standard for determining whether a worker was an “employee” or an “independent contractor.” As you might suspect, the new standard makes it more likely...more
The Virginia General Assembly has ended its 2023 legislative session, and it was a quieter year than some in the past. The new legislation that has been signed into law by Gov. Glenn Youngkin (R) and that affects employers is...more
On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity.
In Lion Elastomers LLC II, the Board overruled 3-1 a...more
On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more
On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
On Tuesday, the National Labor Relations Board, in a 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for "all direct or foreseeable pecuniary harms” resulting from the...more
The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more
12/7/2022
/ Department of Labor (DOL) ,
Federal Register ,
Joint Employers ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Proposed Rules ,
Unfair Labor Practices ,
Union Elections ,
Unions
The National Labor Relations Board may soon be coming for employers who electronically monitor their employees.
On October 31, the NLRB’s General Counsel Jennifer Abruzzo, who is the chief prosecutor for the Board, gave...more