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
5/29/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Employment Litigation ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Merits Systems Protection Board ,
NLRB ,
SCOTUS ,
Stays ,
Termination ,
Trump Administration
The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more
4/9/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Employment Litigation ,
En Banc Review ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Statutory Interpretation ,
Trump Administration
The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more
4/2/2025
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Executive Powers ,
Federal Labor Laws ,
FTC Act ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Stays ,
Termination ,
Trump Administration
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
3/18/2025
/ Appeals ,
Board Members ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Quorum ,
Termination ,
Trump Administration
They are not employer-friendly.
On October 26, the National Labor Relations Board, by a 3 to 1 vote, issued regulations with a new standard for determining “joint employer” status under the National Labor Relations Act....more
10/31/2023
/ Browning-Ferris Industries of California Inc. ,
Compensation & Benefits ,
Hiring & Firing ,
Job Duties ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Supervision ,
Unfair Labor Practices ,
Wage and Hour ,
Workplace Safety
On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity.
In Lion Elastomers LLC II, the Board overruled 3-1 a...more
NEWS & ANALYSIS-
NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more
2/28/2018
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
Labor Law Violations ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quickie Election Rules ,
Right to Work ,
Termination
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
Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more
10/29/2015
/ Airlines ,
Automotive Industry ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Casinos ,
Commercial Bankruptcy ,
Employer Liability Issues ,
Fiat ,
Hiring & Firing ,
Hospitals ,
Injunctive Relief ,
Joint Employers ,
NLRA ,
NLRB ,
Preemption ,
Teamsters ,
Trump Administration ,
Union Dues ,
Union Elections ,
United Auto Workers ,
Volkswagen