News & Analysis as of June 3, 2025

Government Agencies

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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 -

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

Constangy, Brooks, Smith & Prophete, LLP on 5/29/2025

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

FordHarrison on 5/28/2025

On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Supreme Court temporarily allows independent labor board firings; impact on FTC, NCUA ousters is unclear

Ballard Spahr LLP on 5/28/2025

In a move that could have ramifications for lawsuits filed by former FTC and NCUA board members, by a vote of 6-3 the Supreme Court has issued a stay that prohibits the Democratic members of the National Labor Relations Board...more

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on 5/27/2025

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Ousted CPSC Democrats Fight Back Against President Trump

Morrison & Foerster LLP on 5/27/2025

The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

Proskauer - Labor Relations Update on 5/27/2025

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies

Cranfill Sumner LLP on 5/23/2025

Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more

U.S. Supreme Court stops district court’s order to reinstate workers

Orrick, Herrington & Sutcliffe LLP on 4/14/2025

On April 8, the U.S. Supreme Court stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California on reinstating federal workers. The case arose from a lawsuit in which the...more

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

Ballard Spahr LLP on 4/11/2025

Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Another Win for the Administration, at Least for Now - SCOTUS Today

Epstein Becker & Green on 4/9/2025

The motions docket of the U.S. Supreme Court remains busy. Following the April 4 decision in Department of Education v. California—in which the Court, treating a temporary restraining order (TRO) as if it were a preliminary...more

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

Venable LLP on 3/20/2025

On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

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