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The First 100 Days: President Trump’s Federal Policy Revamp and New Compliance Concerns for Employers

On April 29, 2025, President Donald Trump completed his first one hundred days of his second term in office. During this time, the president issued numerous executive orders (EOs) and implemented actions that significantly...more

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

Rescinded Guidance: Unpacking NLRB Acting General Counsel Cowen’s Policy Overhaul

In one of his first acts in his new role, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded dozens of general counsel memoranda issued by his predecessor, former General Counsel Jennifer...more

Federal Judge Reinstates NLRB Member Wilcox, Removed by President Trump

National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia....more

NLRB Acting General Counsel Rescinds Many of Predecessor’s Memos, Sets Stage for New Labor Policy

On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, including regarding remedies, rights of college...more

The Opening Act: Significant Developments in Trump’s First Two Weeks

During the first two weeks in office, President Donald Trump’s administration released many policies impacting employers in areas like immigration, labor, and workplace safety, and reshaping federal regulatory and enforcement...more

More Shake-Up of NLRB: President Trump Appoints New NLRB Acting General Counsel

On February 3, 2025, President Donald Trump appointed William B. Cowen as the new acting general counsel of the National Labor Relations Board (NLRB), according to a statement from the NLRB. ...more

Pivotal Labor and Employment Law Issues in 2025: Healthcare

Employers in the healthcare industry will navigate a landscape marked by rapid change and evolving challenges over the course of 2025, including those related to labor organizing, workplace safety, noncompete agreements, pay...more

Resetting the EEOC: President Trump Removes Two EEOC Commissioners

President Donald Trump removed Democratic U.S. Equal Employment Opportunity (EEOC) commissioners Charlotte A. Burrows and Jocelyn Samuels, upending the Democratic voting majority on the EEOC. ...more

NLRB Shake-up: President Trump Removes Board Member, Discharges General Counsel

President Donald Trump removed National Labor Relations Board (NLRB) member Gwynne Wilcox in a move that leaves the Board without a quorum to hear cases. The president also, as expected, discharged NLRB general counsel...more

NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws

The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more

Employers Face New Challenges as NLRB Restores ‘Clear and Unmistakable’ Waiver Standard

On December 10, 2024, the National Labor Relations Board (NLRB) restored the “clear and unmistakable” waiver standard for evaluating whether an employer made unlawful unilateral changes without first giving the union notice...more

NLRB Bans Mandatory Informational Meetings, Overturns 76-Year-Old Precedent

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more

NLRB Overturns 40-Year-Old Precedent That Allowed Employers to Warn Employees Organizing Will Change Workplace Dynamic

On November 8, 2024, the National Labor Relations Board (NLRB) ruled that telling employees unionization could impact their relationship with their employer may violate the National Labor Relations Act (NLRA), overturning...more

NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more

Supreme Court Finds SEC’s In-House Adjudicative Proceedings Violated Seventh Amendment Right to Jury Trial

On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a...more

NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity

On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...more

Supreme Court Weakens NLRB’s Ability to Obtain Injunctions in Labor Cases

On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions....more

NCAA Athletes as Employees Could Raise Immigration Concerns for International Students

A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of...more

Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule

On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows

Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while...more

NLRB Regional Director Rules Dartmouth College Basketball Players Are Employees, Setting Up Potential Landmark Board Case

On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor...more

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