News & Analysis as of April 25, 2025

National Labor Relations Board › Employment Litigation

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

Littler on 4/22/2025

An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...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

Beltway Buzz - April 2025 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/14/2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More

CDF Labor Law LLP on 4/11/2025

NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt....more

Policy Week in Review – April 2025 #2

Littler on 4/11/2025

Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox - On April 7, the U.S. Court of Appeals for the D.C. Circuit ruled that National Labor Relations Board Member Gwynne Wilcox could...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

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

Fisher Phillips on 4/10/2025

Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

2025 Employment Law Trends: Navigating the Shifting Landscape and What Employers Need to Know

Goldberg Segalla on 4/10/2025

As we move further into 2025, the employment law landscape continues to evolve rapidly, driven by significant regulatory changes and emerging workplace dynamics. For employers and counsel, staying ahead of these trends is...more

On Again: Full D.C. Circuit sends Member Wilcox back to NLRB

Constangy, Brooks, Smith & Prophete, LLP on 4/9/2025

The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...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

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

The Labor Law Ping-Pong Continues: Federal Appeals Court Allows NLRB Member Wilcox to Return to Work

Littler on 4/7/2025

The U.S. Court of Appeals for the D.C. Circuit has ruled that National Labor Relations Board Member Gwynne Wilcox will return to work while she challenges her removal. This latest decision reverses a prior decision by a...more

As of This Morning, Wilcox Is Back and the NLRB Has a Quorum Again – At Least for Now

CDF Labor Law LLP on 4/7/2025

NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) moves back and forth faster than a table tennis ball at an Olympic match....more

Split D.C. Circuit Panel Rules Trump Can Remove Wilcox from NLRB – NLRB to Stay Without a Quorum

Sheppard Mullin Richter & Hampton LLP on 4/2/2025

A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...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

Federal Court of Appeals Allows President to Remove NLRB Member Wilcox for Now

Littler on 3/31/2025

A federal court of appeals has allowed President Trump to remove Gwynne Wilcox, a National Labor Relations Board member, while it considers Wilcox’s case. The court’s decision reverses an earlier district court order that had...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

NLRB Firing Decision Stayed; Board to Stay Without a Quorum

Proskauer - Labor Relations Update on 3/31/2025

On March 28, 2025, the United States District Court of Appeals for the D.C. Circuit stayed the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board...more

Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright

Proskauer - Labor Relations Update on 3/27/2025

On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...more

Policy Week in Review – March 2025 #3

Littler on 3/24/2025

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the...

Epstein Becker & Green on 3/19/2025

To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement....more

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on 3/14/2025

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

Federal Judge Orders the Reinstatement of Member Wilcox, Restores Quorum

Vorys, Sater, Seymour and Pease LLP on 3/12/2025

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

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National Labor Relations Board › Employment Litigation

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