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
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable...more
1/21/2021
/ ABC Test ,
Biden Administration ,
Boycotts ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Multi-Employer Pensions ,
NLRA ,
NLRB ,
Persuader Rules ,
Quickie Election Rules ,
Taft-Hartley Act ,
Trump Administration ,
Unfair Labor Practices ,
Unions
For your Labor Day Weekend enjoyment.
Misclassifying workers does not violate the NLRA. The National Labor Relations Board issued a decision yesterday, ruling 3-1 that worker misclassification does not violate the National...more
NEWS & ANALYSIS
Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more
NEWS & ANALYSIS -
Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more
6/29/2017
/ Arbitration Agreements ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Minimum Wage ,
NLRA ,
NLRB ,
Protected Activity ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wrongful Termination
The Trump Administration has begun the process to rescind the “2016 Persuader Rule,” one of the most contentious employment-related regulations issued during the Obama Administration. Earlier this week, the U.S. Department of...more
NEWS & ANALYSIS -
Better times ahead at the NLRB, but it may take a while - For nearly eight years, the National Labor Relations Board has been in the majority control of Democratic appointees of President Obama. During...more
NEWS & ANALYSIS -
President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more
12/22/2016
/ Defamation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
LMRDA ,
NCAA ,
NLRB ,
Persuader Rules ,
Preliminary Injunctions ,
Secretary of Labor ,
SEIU ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor’s narrow interpretation of the “advice exemption” of the “Persuader Rule” appears to be no more. Yesterday a federal judge in Lubbock, Texas, issued a permanent injunction prohibiting enforcement...more
How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most.
Affirmative Action/OFCCP Compliance Will...more
11/10/2016
/ EEO-1 ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
LGBTQ ,
OFCCP ,
Paid Leave ,
Pay Transparency ,
Section 503 ,
Sex Discrimination ,
Sick Leave ,
TRICARE ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more
10/29/2015
/ Airlines ,
Automotive Industry ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Casinos ,
Commercial Bankruptcy ,
Employer Liability Issues ,
Fiat ,
Hiring & Firing ,
Hospitals ,
Injunctive Relief ,
Joint Employers ,
NLRA ,
NLRB ,
Preemption ,
Teamsters ,
Trump Administration ,
Union Dues ,
Union Elections ,
United Auto Workers ,
Volkswagen