News & Analysis as of August 12, 2025

The National Labor Relations Act

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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 -

What Federal Save Local Business Legislation Could Mean for the Joint Employer Standard

Fox Rothschild LLP on 8/6/2025

Legislation is moving through Congress that, if enacted, would establish a new joint employer standard and end some of the uncertainty businesses have faced the past several years whenever a new party won the White House. ...more

Whiplash at the NLRB

Weintraub Tobin on 4/11/2025

On April 7, 2025, National Labor Relations Board (NLRB) Member Gwynne Wilcox was again reinstated after initially being fired by President Trump in a short email on January 27, 2025, stating that he had lost confidence in...more

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

Epstein Becker & Green on 4/8/2025

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

Snapshot on the Manufacturing Industry: New Administration Rolls Back Biden-Era Labor Law Policy

Fisher Phillips on 4/1/2025

Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

NLRB Firing Decision Stayed; Board to Stay Without a Quorum

Proskauer - Labor Relations Update on 3/31/2025

On March 28, 2025, the United States District Court of Appeals for the D.C. Circuit stayed the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board...more

NLRB in the balance: Did Trump have the right to terminate a Board member?

Constangy, Brooks, Smith & Prophete, LLP on 3/18/2025

The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...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

NLRB’s General Counsel Initiatives Trumped: Here We Go Again with Dramatic Shifts in Labor Law

Bradley Arant Boult Cummings LLP on 2/25/2025

As the mainstream media has reported, President Trump is firing everyone he can (and maybe some he can’t) at the National Labor Relations Board. On day one, the president fired the NLRB’s general counsel, Jennifer Abruzzo, a...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

Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to...

Fisher Phillips on 2/18/2025

The Acting General Counsel of the National Labor Relations Board just signaled a new policy direction for labor law under the Trump administration by rescinding more than a dozen policies endorsed by previous leadership....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

Labor & employment in Week 2 of Trump 2: Can he do that?

Constangy, Brooks, Smith & Prophete, LLP on 1/31/2025

I've been asking this a lot lately. President Trump’s first week of his second term in office was action-packed, as I posted last week. If you thought things would slow down for Week 2, you were mistaken. You may remember...more

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on 2/11/2020

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 2/11/2019

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

Top Five Labor Law Developments For July 2018

Jackson Lewis P.C. on 8/22/2018

1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Trump Campaign Ethic Rules Do Not Violate the National Labor Relations Act

Clark Hill PLC on 2/16/2018

In the political world, campaigns sometimes forget that they are businesses subject to state and federal employment laws. Driving this reality home on Tuesday, the National Labor Relations Board’s Office of General Counsel...more

Top Five Labor Law Developments For September 2017

Jackson Lewis P.C. on 10/19/2017

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

Proskauer - Labor Relations Update on 10/10/2017

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more

Executive Labor Summary - July / August 2017

Constangy, Brooks, Smith & Prophete, LLP on 8/29/2017

NEWS & ANALYSIS Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more

Top Five Labor Law Developments For July 2017

Jackson Lewis P.C. on 8/11/2017

1.The U.S. Senate narrowly confirmed Marvin Kaplan to one of two vacant seats on the National Labor Relations Board on August 2, 2017. Kaplan was sworn in on August 10. Kaplan is a former counsel to the Commissioner of the...more

How Weak Are Employee “Nondisclosure Agreements”? The Answer May Make You Gag

Foley & Lardner LLP on 6/1/2017

We live in a world of “leaking” and threats of dire consequences for the leakers. Does an employer have the legal means to prevent disclosure of information acquired during employment? Likewise, can an employer seek legal...more

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