News & Analysis as of June 1, 2025

Trump Administration

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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

SCOTUS Unravels 2023 TPS for Venezuela: Employers Await USCIS Guidance

Seyfarth Shaw LLP on 5/27/2025

In a pivotal immigration development, the U.S. Supreme Court (SCOTUS) has effectively granted the Department of Homeland Security (DHS) permission to proceed with the termination of the 2023 Temporary Protected Status (TPS)...more

SCOTUS Once Again Upholds Firing of NLRB Democrat Member Wilcox, But Battle Will Continue: What Should Employers Do?

Fisher Phillips on 5/27/2025

The Supreme Court late Thursday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the...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

Policy Week in Review – May 2025 #3

Littler on 5/23/2025

Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

FordHarrison on 4/15/2025

National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....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

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

Sheppard Mullin Richter & Hampton LLP on 4/11/2025

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

Proskauer - Labor Relations Update on 4/11/2025

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

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

BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB

Proskauer - Labor Relations Update on 4/8/2025

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

Two former Democratic FTC commissioners file suit over dismissal

Ballard Spahr LLP on 4/3/2025

The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

NLRB Again Without a Quorum

CDF Labor Law LLP on 3/31/2025

Approximately three weeks ago, we reported that Judge Berly A. Howell, granted fired NLRB Board Member Gwynne A.Wilcox’s motion for summary judgment and reinstated her as a Board member. This decision restored the NLRB’s...more

What’s Next at FTC Following Firings of Democratic Commissioners?

Kelley Drye & Warren LLP on 3/25/2025

It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their “continued service on the FTC is inconsistent with . . . administration priorities.” In the days since, we’ve been...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

President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

Husch Blackwell LLP on 1/29/2025

Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on 1/24/2025

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Policy Matters Newsletter - June 2020 #2

Seyfarth Shaw LLP on 6/24/2020

SCOTUS Drops Decisions of Import to Employers. As you may have heard, last week, the Supreme Court of the United States announced decisions in Department of Homeland Security v. Regents of Univ. of Cal., and Bostock v....more

Financial Daily Dose 6.23.2020 | Top Story: White House Suspends Work Visas for Hundreds of Thousands

Robins Kaplan LLP on 6/23/2020

On Monday, the White House announced its plan to extend a “freeze on ‘green cards’ for new immigrants” and to “suspend H-1B, L-1, J and other temporary work visas for skilled workers, managers and au pairs through the end of...more

US Supreme Court Allows Public Charge Rule on Immigration to Move Forward

Morgan Lewis on 1/28/2020

The US Supreme Court ruled on January 27 that the administration can begin to implement the public charge rule while the issue is still being litigated in the federal court system. ...more

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