Podcast - FTC Commissioner Dismissals: Background and Implications
The Impact of the 2020 Election on Labor & Employment Law
JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?
On July 17, 2025, the White House sent a series of nominations to the Senate, including nominations for two National Labor Relations Board members – Scott Mayer and James J. Murphy. If confirmed, the nominees would join...more
On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more
President Donald Trump has continued his shake-up of NLRB leadership by firing Acting General Counsel (GC) Jessica Rutter and replacing her with William Cowen. Mr. Cowen will serve as Acting GC until President Trump names an...more
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day....more
Early this week, the Trump Administration removed General Counsel (GC) Jennifer Abruzzo and Board Member Gwynne Wilcox (a Democrat) from their positions at the National Labor Relations Board (NLRB). While Member Wilcox’s...more
On the afternoon of Tuesday, January 28, 2025, media reports confirmed that President Trump has fired EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, both Democratic appointees. Samuels confirmed her dismissal via...more
President Donald Trump has re-appointed Marvin Kaplan to the position of Chairman of the National Labor Relations Board (NLRB). The move follows the custom of elevating a member of the president’s party to Chair the Board...more
On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted...more
President-elect Trump is expected to put forth his own nominee for Chair of the National Labor Relations Board (NLRB), swiftly replace General Counsel Jennifer Abruzzo and take aim at many Biden-era labor decisions. This will...more
As we close out 2024 and look to 2025, I polled members of Spilman, myself included, to get their take on some of the biggest labor and employment developments from 2024 that have or will impact employers. You can find more...more
Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more
On September 25, 2024, the U.S. Senate adjourned for a lengthy recess and is not set to return until November 12th, after the upcoming election. The adjournment comes before the Senate was able to vote on two of President...more
Michigan Repeals Right-to-Work Law. Late last week, Michigan Governor Gretchen Whitmer signed into law legislation repealing the state’s right-to-work law, which was enacted in 2012. Right-to-work laws allow for voluntary...more
There has been a lot of labor activity in the past three months. President Biden announced the two appointees who would join National Labor Relations Board Chair Lauren McFerran to create a majority of Democrats on the Board....more
Last Wednesday, President Joe Biden needed a tie-breaking vote from Vice President Kamala Harris to confirm his nomination of Jennifer Abruzzo for General Counsel of the National Labor Relations Board....more
As we reported here and here, there are several challenges to the authority of the Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, given President Biden’s unprecedented move of terminating the...more
On May 26, 2021, President Joseph R. Biden nominated Gwynne Wilcox to fill an open seat on the National Labor Relations Board. Wilcox is currently a senior partner at a labor-side labor and employment firm, and is assistant...more
On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and...more
Transitions between administrations are always about change, in policies as well as personnel. Historically, the decisions of the National Labor Relations Board (NLRB) shift with changes in administrations and presidential...more
In the final week of first 100 days of, the Biden administration, significant labor and employment activity includes a Department of Labor (“DOL”) official and two judicial nominations sent to the Senate, a push from the DOL...more
When President Biden took the unprecedented step of firing National Labor Relations Board (NLRB) General Counsel Peter Robb shortly after taking the oath of office on January 20, observers noted that it was a significant...more
The election of President Joe Biden, a longtime vocal supporter of organized labor, coupled with control of both chambers of Congress by the traditionally labor-friendly Democratic Party, is the prelude to changes on the...more
In week four, the Administration’s labor and employment activity includes further reversal of Trump era initiatives at the National Labor Relations Board (NLRB), including a move to protect “Scabby the Rat”, the nomination of...more
After the unprecedented firing of the NLRB’s former general counsel, Peter Robb, the Biden Administration has named Peter Sung Ohr as the Acting General Counsel on January 25, 2021. Mr. Ohr was the NLRB’s Regional...more
In the first known of its kind objection to an ongoing NLRB proceeding, an employer has urged the NLRB to dismiss an unfair labor charge against it, arguing that the agency is unable to prosecute the matter, in light of...more