News & Analysis as of

Executive Orders The National Labor Relations Act

Fox Rothschild LLP

New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights

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Last week, both Congress and President Trump took steps that could reshape how labor and employment laws apply to student athletes in higher education. While neither action will have immediate legal effect, together they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Complaint Rights: Update on Executive Order 13496 Compliance

Executive Order (E.O.) 13496, signed on January 30, 2009, mandates that certain government contractors and subcontractors post notices informing their employees of their rights under federal labor laws. ...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Vorys, Sater, Seymour and Pease LLP

The NLRB Saga Continues: Gwynne Wilcox Re-Reinstated as NLRB Member, Then Reinstatement Stayed By SCOTUS

In the latest chapter in the evolving fight over the scope of executive power, the en banc D.C. Circuit reversed its prior stay, pending appeal, of the District Court’s order to reinstate Gwynne Wilcox to the NLRB. This means...more

Epstein Becker & Green

Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the...

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To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement....more

Sheppard Mullin Richter & Hampton LLP

Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more

Genova Burns LLC

National Labor Relations Board Back to Quorum Strength as Member Wilcox Is Reinstated

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In an emphatic decision, Federal Court Judge Beryl Howell of the District of Columbia District ordered President Trump to reinstate NLRB Member Gwynne A. Wilcox to her Board seat. The President fired Wilcox, asserting unitary...more

Littler

Policy Week in Review – March 2025

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The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

Littler

Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox

Littler on

A federal district court has held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Reinstates NLRB Member Wilcox, Removed by President Trump

National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia....more

Constangy, Brooks, Smith & Prophete, LLP

Judge nixes termination of NLRB member

The Board has a quorum again . . . for now. In one of his first acts after taking office, President Trump fired Gwynne Wilcox, a Democratic member of the National Labor Relations Board and former Chairman....more

Jackson Lewis P.C.

Staying Steady Amid NLRB Upheaval: Q&As on What Employers Can Expect

Jackson Lewis P.C. on

Significant changes have occurred at the National Labor Relations Board (NLRB) following President Donald Trump’s inauguration. On Jan. 27, 2025, he fired the NLRB’s general counsel (GC), Jennifer Abruzzo, and Board...more

Faegre Drinker Biddle & Reath LLP

Updates From the Acting General Counsel and the Quorum-less National Labor Relations Board

Only a few weeks after President Donald Trump removed General Counsel Jennifer Abruzzo and Member Gwynne Wilcox, the new leadership of the National Labor Relations Board (the Board) has begun to make changes to Biden-era...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2025 #4

Kaufman & Canoles on

The NFL, MLB, NCAA and NASCAR said they support a bill introduced in Congress on Thursday that would give state and local law enforcement the ability to disable drones during sporting events, which the leagues say have become...more

Morgan Lewis

New NLRB Acting General Counsel’s Actions and Increased White House Oversight Signal Shift in Enforcement

Morgan Lewis on

National Labor Relations Board Acting General Counsel William B. Cowen on February 14, 2025 changed the course of the agency’s strategic goals by rescinding more than a dozen memos penned by former General Counsel Jennifer...more

Conn Maciel Carey LLP

Key NLRB Changes Under the New Administration: What Employers Need to Know

Conn Maciel Carey LLP on

Last month, during our webinar, we predicted significant regulatory shifts under the new presidential administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

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The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Cozen O'Connor

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

Cozen O'Connor on

For the second time in four years, a U.S. president has quickly dismissed the general counsel of the National Labor Relations Board (NLRB), and replaced them with a new acting general counsel, who then immediately issued a...more

McDermott Will & Schulte

Trump, Court Actions Curtail Union Involvement in Federal Contracts

Federal contractors spent the past three years navigating executive mandates limiting their ability to select their own workforces after being awarded a large federal service contract. These mandates also required them to use...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 3 of Trump 2: The Empire Strikes Back

Resistance is building. In his third week in office, President Trump is beginning to meet with resistance to some of his initiatives. Here is the latest. Court blocks voluntary separation program -- at least, until Monday....more

Ballard Spahr LLP

NLRB Board Member Challenges President Trump’s Executive Power

Ballard Spahr LLP on

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

Proskauer - Labor Relations Update

Breaking: NLRB Drops Opposition to SpaceX’s Constitutionality Arguments

On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No....more

Vorys, Sater, Seymour and Pease LLP

Former NLRB Member Wilcox Files Suit Challenging Removal

President Donald Trump’s efforts to alter the make up of the Board membership of the NLRB faces a new, but anticipated, legal challenge. Recently fired former Board Member Gwynne Wilcox has challenged her January 27th removal...more

King & Spalding

President Trump Shakes Up the NLRB

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On January 27, 2025, President Trump terminated National Labor Relations Board (“NLRB”) General Counsel Jennifer A. Abruzzo and Board Member Gwynne Wilcox. While Abruzzo’s termination was widely anticipated, Wilcox’s...more

Ballard Spahr LLP

President Trump Continues to Reshape the NLRB

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Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB)....more

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