News & Analysis as of August 2, 2025

Employment Litigation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Policy Week in Review – May 2025 #3

Littler on 5/23/2025

Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on 5/5/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

Fisher Phillips on 4/25/2025

In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative (Trump EO Tracker)

Akin Gump Strauss Hauer & Feld LLP on 4/15/2025

The Director of the OMB Director shall submit a plan to reduce the size of the Federal Government, requiring that agencies may hire no more than one employee for every four employees that depart. Agency heads must adhere to...more

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

Ballard Spahr LLP on 4/15/2025

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

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on 4/10/2025

Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on 4/4/2025

Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

Split D.C. Circuit Panel Rules Trump Can Remove Wilcox from NLRB – NLRB to Stay Without a Quorum

Sheppard Mullin Richter & Hampton LLP on 4/2/2025

A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more

District courts both order reinstatement of terminated federal employees

Orrick, Herrington & Sutcliffe LLP on 3/19/2025

On March 13, the U.S. District Court for the District of Maryland issued a temporary restraining order (TRO) after President Trump’s Executive Order 14210 led to widespread terminations of federal probationary employees. The...more

What is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments

K&L Gates LLP on 3/13/2025

This alert will explore what the federal government may consider to be “illegal DEI” in light of legal challenges to President Trump’s multiple executive orders (EO’s) pertaining to diversity, equity, inclusion, and...more

Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox

Littler on 3/10/2025

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

Judge nixes termination of NLRB member

Constangy, Brooks, Smith & Prophete, LLP on 3/7/2025

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

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on 2/26/2025

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

Ballard Spahr LLP on 2/25/2025

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

What New Administration’s Moves at EEOC, NLRB Mean for Employers

DarrowEverett LLP on 2/25/2025

Times they are a-changin’ … with a flurry of moves and terminations, the new administration has signaled a reverse within the federal labor and employment landscape. These changes will have significant impacts on current...more

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

Conn Maciel Carey LLP on 2/24/2025

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

Axed ALJ Removal Protections Mark Big Shift For NLRB

Proskauer Rose LLP on 2/21/2025

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

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on 2/20/2025

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

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

Constangy, Brooks, Smith & Prophete, LLP on 2/7/2025

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

Workplace Law Update: 10 Essential Items on Your February To-Do List

Fisher Phillips on 2/3/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more

Trump Transforms Equal Employment Opportunity Commission

Fox Rothschild LLP on 1/31/2025

In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more

President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

Husch Blackwell LLP on 1/29/2025

Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

Fisher Phillips on 1/6/2025

It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...more

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on 11/6/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

The Top 17 Workplace Law Stories from May 2022

Fisher Phillips on 6/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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