News & Analysis as of August 21, 2025

Administrative Agencies

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

Stevens & Lee on 7/28/2025

Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

FordHarrison on 5/28/2025

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

SCOTUS Once Again Upholds Firing of NLRB Democrat Member Wilcox, But Battle Will Continue: What Should Employers Do?

Fisher Phillips on 5/27/2025

The Supreme Court late Thursday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the...more

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

Proskauer - Labor Relations Update on 5/27/2025

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

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

Ballard Spahr LLP on 4/11/2025

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

NLRB Lacks Quorum to Exercise its Authority Following President Trump’s Removal of Member; The President Also Dismissed NLRB...

Stinson LLP on 1/29/2025

Late on the evening of January 27, 2025, President Donald Trump removed National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo from her position, a move that was widely anticipated after former...more

The Practical NLRB Advisor: Fall 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/15/2024

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2024 issue of the Practical NLRB Advisor. As this edition of the Advisor goes to press, we were just learning the...more

Chevron and Carry On July 2024 - The End of Chevron: Considerations for Private Equity, Banks and Investors

Cadwalader, Wickersham & Taft LLP on 7/12/2024

It’s been less than two full weeks since the U.S. Supreme Court issued its Chevron decision, yet the myriad impacts of the ruling have caused many of us to feel like it’s been much longer, as we’ve stretched each day weighing...more

The Trend to Adopt Mandatory Employment Arbitration Programs

Snell & Wilmer on 9/20/2019

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more

Beltway Buzz - March 2019 #5

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/1/2019

Regular Rate Proposal Issues. On March 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published a notice of proposed rulemaking (NPRM) to clarify what forms of payments must be included (or...more

Beltway Buzz - January 2019 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/21/2019

“Snurlough.” Today is day 28 of the partial government shutdown. A bigger-than-expected snowstorm that hit the D.C. region this past weekend led to a Monday in which the federal government was both closed and (partially) shut...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

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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