News & Analysis as of

Constitutional Challenges Judicial Authority Employment Litigation

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

Ballard Spahr LLP

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

Ballard Spahr LLP on

A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

Ballard Spahr LLP

Supreme Court allows Education Department to fire employees; Is CFPB Staff Next?

Ballard Spahr LLP on

In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more

Gould + Ratner LLP

How Could the Lower Courts’ Loss of Nationwide Injunction Power Impact Your Business?

Gould + Ratner LLP on

On June 27, 2025, the Supreme Court issued its decision on review of three federal court orders that have blocked—on a nationwide basis—implementation of President Trump’s executive order restricting so-called “birthright...more

FordHarrison

Supreme Court Limits the District Courts' Ability to Issue Universal Injunctions Against Executive Orders and Agency Action

FordHarrison on

In a decision issued on June 27, 2025, Trump v. CASA, Inc. (a 6-3 ruling), the U.S. Supreme Court held that federal District Courts lack authority to grant universal injunctions. In CASA, the United States District Courts for...more

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

Jackson Lewis P.C. on

In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Keating Muething & Klekamp PLL

Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA

As we previously reported, in April 2024 the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the Pregnant Workers Fairness Act (PWFA). Among other things, the rule stated that...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

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

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

FordHarrison on

On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Vorys, Sater, Seymour and Pease LLP

EEOC Ordered to Remove Elective Abortion Accommodation Provision in PWFA Final Rule

A Louisiana federal judge has ordered the Equal Employment Opportunity Commission (EEOC) to remove a portion of its final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent that the final rule includes...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

Shipman & Goodwin LLP on

On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Vorys, Sater, Seymour and Pease LLP

Trump Executive Order Dismantling Federal Unions Blocked by Federal Judge

Last month, President Donald Trump signed a sweeping executive order aimed at curbing collective bargaining rights for a large segment of federal employees. The order was issued pursuant to a national security exemption...more

Troutman Pepper Locke

D.C. Circuit Court Partially Stays Injunction in NTEU v. CFPB

Troutman Pepper Locke on

On April 11, the U.S. Court of Appeals for the District of Columbia Circuit issued an order partially staying the district court’s preliminary injunction in the ongoing legal dispute between the National Treasury Employees...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

FordHarrison on

National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

Ballard Spahr LLP

DC Circuit so far largely upholds Judge Jackson’s order preliminarily enjoining the CFPB Acting Director from shutting down the...

Ballard Spahr LLP on

On Friday, April 11, a panel of the D.C. Circuit Court of Appeals modified Judge Jackson’s preliminary injunction order of March 28 pending appeal, as follows...more

CDF Labor Law LLP

Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More

CDF Labor Law LLP on

NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt....more

Sheppard Mullin Richter & Hampton LLP

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

Constangy, Brooks, Smith & Prophete, LLP

Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!

Then again, you might. Jocelyn Samuels was initially appointed to be a Commissioner on the U.S. Equal Employment Opportunity Commission by President Trump, and then she was reappointed by President Biden. Not long after...more

Proskauer - Labor Relations Update

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

Fisher Phillips on

Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Constangy, Brooks, Smith & Prophete, LLP

On Again: Full D.C. Circuit sends Member Wilcox back to NLRB

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

Epstein Becker & Green

NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now

The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board...more

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide