News & Analysis as of

Hiring & Firing Government Agencies Employee Rights

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... more +
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 -
Ballard Spahr LLP

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

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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

Ballard Spahr LLP

Supreme Court allows massive firing of government employees, but CFPB case is on separate track

Ballard Spahr LLP on

In Trump v. American Federation of Government Employees, a case on its emergency docket  that could have implications for the CFPB, the Supreme Court issued a brief opinion allowing the Trump Administration to fire tens of...more

Seyfarth Shaw LLP

Update: USCIS Expands Eligibility for 540-Day EAD Extension

Seyfarth Shaw LLP on

After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more

Husch Blackwell LLP

Update: Democratic Commissioners File Lawsuit Following Trump’s Firing

Husch Blackwell LLP on

Last week, we reported on the Trump Administration’s abrupt firing of all three Democratic Commissioners of the Consumer Product Safety Commission (“CPSC” or the “Commission”). At the time, the fired Commissioners expressed...more

Cooley LLP

Unintended Consequences of the SEC’s Buyouts: Few “Going-Away” Parties

Cooley LLP on

As noted in this USA Today article, Senators Elizabeth Warren and Mark Warner sent a letter a few weeks ago to the GAO requesting an investigation into the impact of the SEC’s recent buyouts and the upcoming layoffs resulting...more

Orrick, Herrington & Sutcliffe LLP

Appeals court reinstates injunction against CFPB’s workforce reduction, requiring assessment of employee necessity

On April 28, the U.S. Court of Appeals for the District of Columbia Circuit issued an order reinstating a preliminary injunction against the CFPB’s proposed reduction in force (RIF). The U.S. District Court for the District...more

Bergeson & Campbell, P.C.

“Just do it” May Sell Shoes, but Can It Revolutionize Bureaucracy?

There are a variety of accounts on the progress and success of the first days of the Trump Administration. Some put special significance on a new administration’s first 100 days, but is this the first 100 days or four years +...more

Troutman Pepper Locke

Judge Halts CFPB Layoffs Again

Troutman Pepper Locke on

At an emergency hearing this morning in National Treasury Employees Union v. Vought, Judge Amy Berman Jackson once again halted the layoffs of over 1,000 employees at the Consumer Financial Protection Bureau (CFPB). The judge...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues reduction in force, district court holds hearing and delays firings

On April 17, the CFPB issued a reduction in force (RIF) to notify employees of their release due to the elimination of their positions. In the RIF, the Bureau stated reductions were necessary to restructure the Bureau’s...more

Holland & Knight LLP

D.C. Circuit Limits Prohibition on CFPB Staff Terminations Pending Appeal

Holland & Knight LLP on

In a per curiam order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on April 11, 2025, partially stayed a preliminary injunction halting any attempt to dismantle the CFPB. Judges...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court stops district court’s order to reinstate workers

On April 8, the U.S. Supreme Court stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California on reinstating federal workers. The case arose from a lawsuit in which the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Federal Court Judge Blocks Efforts to Dismantle the CFPB

Recently, Judge Amy Jackson of the United States District Court for the District of Columbia granted a preliminary injunction sought by the National Treasury Employees Union, over efforts by Acting Director Russell Vought to...more

Orrick, Herrington & Sutcliffe LLP

Federal government clarifies status of rehired probationary employees

On March 18, the federal government filed a response to U.S. District Court Judge William Alsup’s request for information regarding the status of rehired federal probationary employees. In the request for information, Judge...more

Bergeson & Campbell, P.C.

What It Means to Be “Essential” in the Federal Workforce

Current news on the government efficiency and reform front concerns the near-miss of a government shutdown last week (the budget would have lapsed at midnight on March 14, 2025). One reason some cited against allowing a...more

Orrick, Herrington & Sutcliffe LLP

District courts both order reinstatement of terminated federal employees

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

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