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
4/11/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Popular ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more
4/8/2025
/ Appeals ,
Constitutional Challenges ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more
4/2/2025
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Constitutional Challenges ,
Employment Litigation ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) under President Biden is working to undo much of any employer-friendly actions taken during the previous administration. On February 21, 2023,...more
On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more
6/13/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
New Guidance ,
Popular ,
Software
In light of the COVID-19 pandemic, many employers have been forced to conduct staff layoffs as businesses were closed in compliance with shelter-in-place orders and subsequently rehire employees as lockdown restrictions have...more
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
1/3/2020
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204...,...more
11/15/2019
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Proposed Legislation ,
State Labor Laws ,
Wage and Hour
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
9/12/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Racist Remarks ,
Unfair Labor Practices ,
Unions
Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more
9/6/2019
/ Administrative Law Judge (ALJ) ,
Administrative Review ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employer ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Reversal ,
Unfair Labor Practices ,
Wrongful Termination
On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA), which prohibits discrimination based on gender identity or expression. Under the law, “gender identity...more
2/14/2019
/ Anti-Discrimination Policies ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Gender Expression ,
Gender Identity ,
Governor Cuomo ,
Hiring & Firing ,
Housing Discrimination ,
Landlords ,
LGBTQ ,
New Legislation ,
Protected Class ,
Public Accommodation ,
State Labor Laws ,
Transgender
Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including:
Where We've Been and Where We're Going: Key legislative developments and leading court...more
Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including:
- Leading Court Decisions and Key Legislative Developments in 2015
- Psychological Disabilities...more
5/4/2015
/ Arbitration ,
Continuing Legal Education ,
Disability ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Events ,
Hiring & Firing ,
Mediation ,
Misclassification ,
NLRB ,
Reasonable Accommodation ,
Whistleblowers