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Hiring & Firing › Judicial Authority

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 -
Husch Blackwell LLP

Supreme Court Allows Trump Administration to Fire Democratic CPSC Commissioners, For Now

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On July 23, 2025, the U.S. Supreme Court, in a 6-3 vote, granted the Trump Administration’s request to stay a permanent injunction that had ordered the reinstatement of three Democratic CPSC Commissioners: Mary Boyle,...more

Ballard Spahr LLP

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

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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?

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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

Morrison & Foerster LLP

From Fired to Rehired: CPSC Chaos Reaches Supreme Court

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The fired U.S. Consumer Product Safety Commission (CPSC) Democrats are back in their seats and stirring the pot, prompting the Trump administration to make an emergency plea to the Supreme Court for relief. What started as...more

Proskauer - Labor Relations Update

Myers Lives: Third Circuit Affirms Precedent Shift But Remands Finding of Protected Concerted Conduct in Light of Affirmative...

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Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions....more

Seyfarth Shaw LLP

TPS Twist: Court Halts DHS Action on Certain Venezuelan Work Authorization-For Now

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In a significant development for Venezuelan Temporary Protected Status (TPS) holders, a federal district court in California has issued an injunction preventing the Department of Homeland Security (DHS) from invalidating...more

Constangy, Brooks, Smith & Prophete, LLP

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

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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

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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

Sheppard Mullin Richter & Hampton LLP

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

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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

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

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The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

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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

Cranfill Sumner LLP

U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies

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Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more

Husch Blackwell LLP

Update: Democratic Commissioners File Lawsuit Following Trump’s Firing

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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

Orrick, Herrington & Sutcliffe LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Reinstates Injunction Blocking CFPB’s Mass Layoffs 

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On April 28, the U.S. Court of Appeals for the D.C. Circuit reinstated a district court order blocking the CFPB from conducting a large-scale reduction in force. The decision reversed an earlier partial stay that had...more

Ballard Spahr LLP

Trump Administration appeals ruling that blocked CFPB firings

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The Trump Administration has appealed an order by a federal District Court Judge blocking the CFPB from firing 1483 employees effective in June 2025 and cutting off their access to CFPB work systems on April 18, 2025....more

Troutman Pepper Locke

Judge Halts CFPB Layoffs Again

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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

Ballard Spahr LLP

Judge bars CFPB mass firings

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The judge who barred the Trump Administration from dismantling the CFPB says the agency cannot implement plans to fire the majority of the bureau’s employees at this stage....more

Ballard Spahr LLP

Judge Jackson schedules hearing for 11:00 AM today regarding mass layoffs at the CFPB

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It was reported last night that the CFPB had laid off about 90% of its staff. This came on the heels of the CFPB providing each of its employees with its 2025 Supervisory and Enforcement Priorities which calls for a much...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

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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

Holland & Knight LLP

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

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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

Ballard Spahr LLP

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

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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

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

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Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....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

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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

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