News & Analysis as of May 30, 2025

Employee Rights

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/2/2025

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

Constangy, Brooks, Smith & Prophete, LLP on 4/16/2025

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Whiplash at the NLRB

Weintraub Tobin on 4/11/2025

On April 7, 2025, National Labor Relations Board (NLRB) Member Gwynne Wilcox was again reinstated after initially being fired by President Trump in a short email on January 27, 2025, stating that he had lost confidence in...more

Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!

Constangy, Brooks, Smith & Prophete, LLP on 4/11/2025

Then again, you might. Jocelyn Samuels was initially appointed to be a Commissioner on the U.S. Equal Employment Opportunity Commission by President Trump, and then she was reappointed by President Biden. Not long after...more

NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now

Epstein Becker & Green on 4/8/2025

The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board...more

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

Sheppard Mullin Richter & Hampton LLP on 4/8/2025

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

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

Troutman Pepper Locke on 4/4/2025

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

D.C. Circuit Temporarily Halts Reinstatement of NLRB Member Wilcox, Leaving the Board Without a Quorum

Vorys, Sater, Seymour and Pease LLP on 4/1/2025

On March 28, 2025, the United States Court of Appeals for the District of Columbia Circuit temporarily stayed a prior order by Judge Beryl Howell of the United States District Court for the District of Columbia reinstating...more

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