On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more
4/11/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Quorum ,
SCOTUS ,
Stays ,
Trump Administration
As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or...more
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
On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No....more
2/7/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Constitutional Challenges ,
Employees ,
Executive Orders ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
SpaceX ,
Unions
On February 1, 2025, five (5) days after President Trump fired NLRB Member Gwynne A. Wilcox, and NLRB General Counsel Jennifer A. Abruzzo, President Trump fired the NLRB’s second-ranked attorney, NLRB Deputy General Counsel...more
On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an...more
1/31/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Civil Rights Act ,
Collective Bargaining ,
Enforcement Actions ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
SCOTUS ,
Title VII ,
Unfair Labor Practices ,
Unions
On January 27, 2025, President Trump fired National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, marking the first time that a president has ever attempted to remove a Board member prior to the end of...more
1/29/2025
/ Article II ,
Constitutional Challenges ,
Employment Litigation ,
Federal Labor Laws ,
Judicial Review ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Agencies ,
Trump Administration
On December 11, 2024, the U.S. Senate voted 49-50 against invoking cloture on President Biden’s nomination of Lauren McFerran (Democrat appointee) for the National Labor Relations Board (“NLRB” or “Board”). As reported here,...more
On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking...more
On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively, challenging the constitutionality of the National Labor Relations Board...more
11/25/2024
/ Administrative Law Judge (ALJ) ,
Amazon ,
Appellate Courts ,
Constitutional Challenges ,
Fines ,
NLRB ,
Oral Argument ,
Preliminary Injunctions ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
SpaceX
On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more
10/24/2024
/ Administrative Law Judge (ALJ) ,
Appeals ,
Cemex ,
Good Faith ,
NLRA ,
NLRB ,
Oral Argument ,
Petition for Writ of Certiorari ,
Popular ,
SCOTUS ,
Unfair Labor Practices ,
Unions
On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more
The U.S. Supreme Court issued two blockbuster decisions last week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law.
In a 6-3 decision announced...more
7/2/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Government Agencies ,
Jury Trial ,
NLRB ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Separation of Powers ,
Seventh Amendment
On June 24, 2024, Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas enjoined part of a U.S. Department of Labor (“DOL”) Rule altering the Davis-Bacon Act. In his opinion, Judge Cummings held...more