News & Analysis as of

Constitutional Challenges Labor Reform

Ballard Spahr LLP

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

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In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Sheppard Mullin Richter & Hampton LLP

Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more

Vorys, Sater, Seymour and Pease LLP

Federal Judge Orders the Reinstatement of Member Wilcox, Restores Quorum

Terminated NLRB Member Gwynne Wilcox challenged her removal from the Board and President Donald Trump’s effort to reshape the NLRB’s membership in a lawsuit filed in the United States District Court for the District of...more

Keating Muething & Klekamp PLL

Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings

In his first fifty days in office, President Trump has taken numerous actions to consolidate the power of the Executive Branch. Shortly after taking office, he dismissed heads of multiple Executive Branch agencies and...more

Proskauer - Labor Relations Update

BREAKING: District Court Restores Status Quo Ante At NLRB

On March 6, 2025, a D.C. federal judge reinstated former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, restoring the Board to a quorum, which under the National Labor Relations Act (“NLRA” or the...more

Jackson Lewis P.C.

Staying Steady Amid NLRB Upheaval: Q&As on What Employers Can Expect

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Significant changes have occurred at the National Labor Relations Board (NLRB) following President Donald Trump’s inauguration. On Jan. 27, 2025, he fired the NLRB’s general counsel (GC), Jennifer Abruzzo, and Board...more

Faegre Drinker Biddle & Reath LLP

Updates From the Acting General Counsel and the Quorum-less National Labor Relations Board

Only a few weeks after President Donald Trump removed General Counsel Jennifer Abruzzo and Member Gwynne Wilcox, the new leadership of the National Labor Relations Board (the Board) has begun to make changes to Biden-era...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

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President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Shipman & Goodwin LLP

Mandatory Labor Peace Agreements Challenged In Oregon Court

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Last week, an adult-use cannabis processor and retailer filed suit to challenge the constitutionality of a new Oregon law that now requires entry into a labor peace agreement for licensure. A labor peace agreement does not...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

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The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Constangy, Brooks, Smith & Prophete, LLP

A Valentine for some NLRB watchers: Former General Counsel memoranda rescinded

On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more

Proskauer - Labor Relations Update

Breaking: NLRB Drops Opposition to SpaceX’s Constitutionality Arguments

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

Vorys, Sater, Seymour and Pease LLP

Former NLRB Member Wilcox Files Suit Challenging Removal

President Donald Trump’s efforts to alter the make up of the Board membership of the NLRB faces a new, but anticipated, legal challenge. Recently fired former Board Member Gwynne Wilcox has challenged her January 27th removal...more

King & Spalding

President Trump Shakes Up the NLRB

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On January 27, 2025, President Trump terminated National Labor Relations Board (“NLRB”) General Counsel Jennifer A. Abruzzo and Board Member Gwynne Wilcox. While Abruzzo’s termination was widely anticipated, Wilcox’s...more

Ballard Spahr LLP

President Trump Continues to Reshape the NLRB

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Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB)....more

Bass, Berry & Sims PLC

President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented

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Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the...more

Faegre Drinker Biddle & Reath LLP

President Trump Removes NLRB General Counsel, Jennifer Abruzzo, and Member, Gwynne Wilcox

On the heels of his firing of National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo, Pres. Donald Trump also removed Board Member Gwynne Wilcox on January 27, 2025....more

Proskauer - Labor Relations Update

Breaking: In a Novel Move, President Trump Fires National Labor Relations Board Member and, following Biden precedent, the NLRB...

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

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

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This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Jackson Lewis P.C.

Showdown Over Workplace Speech – Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing

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On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more

Polsinelli

Legal Challenge Threatens New Missouri Minimum Wage and Paid Sick Leave Law

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The Missouri Chamber of Commerce and Industry, along with other Missouri business groups, recently filed a lawsuit in the Supreme Court of Missouri attempting to stop Proposition A from taking effect. The lawsuit asserts five...more

Littler

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

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On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more

Littler

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

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Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has...more

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