News & Analysis as of

Quorum

CDF Labor Law LLP

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

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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

Weintraub Tobin

Whiplash at the NLRB

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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

Proskauer - Labor Relations Update

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

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

Fisher Phillips

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

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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

Littler

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

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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

CDF Labor Law LLP

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

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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

Fenwick & West LLP

Trump’s Shakeup of the NLRB and EEOC: Spring 2025 Update

Fenwick & West LLP on

In his first few months in office, President Donald Trump has taken significant steps to reshape the composition and enforcement priorities of the National Labor Relations Board (NLRB) and the Equal Employment Opportunity...more

Vorys, Sater, Seymour and Pease LLP

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

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

Epstein Becker & Green

Update: The NLRB Has Lost Its Quorum – DC Circuit Stays District Court’s Reinstatement of Board Member Gwynne Wilcox – and a New...

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On March 28, 2025, a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board...more

CDF Labor Law LLP

NLRB Again Without a Quorum

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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

BakerHostetler

And Then There Were 2 FTC Commissioners

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Our texts exploded on the afternoon of March 18 when we learned that the president had fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya....more

Kelley Drye & Warren LLP

Can Two FTC Commissioners of the Same Party Constitute a Quorum?

Tuesday, President Trump fired the two Democratic members of the Federal Trade Commission, Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter. President Trump’s action leaves Chair Andrew Ferguson (R) and Commissioner...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB in the balance: Did Trump have the right to terminate a Board member?

The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...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

Constangy, Brooks, Smith & Prophete, LLP

Judge nixes termination of NLRB member

The Board has a quorum again . . . for now. In one of his first acts after taking office, President Trump fired Gwynne Wilcox, a Democratic member of the National Labor Relations Board and former Chairman....more

Benesch

EEOC Shakeups Under the Trump Administration Targeting Gender Identity, Abortion Accommodations, and AI Bias

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The Trump Administration has issued swift changes in policy, and the effects are now reaching the Equal Employment Opportunity Commission (“EEOC”). While the EEOC is still awaiting quorum to vote on major actions, it is...more

Conn Maciel Carey LLP

Key NLRB Changes Under the New Administration: What Employers Need to Know

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Last month, during our webinar, we predicted significant regulatory shifts under the new presidential administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National...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

Mintz - Employment Viewpoints

What’s Next After Trump Removes NLRB, EEOC, and Other Agency Officials?

In a flurry activity, President Trump dismissed the General Counsel for the Equal Employment Opportunity Commission (EEOC), the General Counsel for the National Labor Relations Board (NLRB), and the initial acting General...more

King & Spalding

What Employers Need to Know About the State of the EEOC

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On January 27, 2025, President Trump removed Commissioners Charlotte A. Burrows and Jocelyn Samuels from the Equal Employment Opportunity Commission (“EEOC”), as well as General Counsel Karla Gilbride. In light of President...more

BakerHostetler

What Just Happened? The Practical Impacts of a Quorum-Less NLRB

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President Donald Trump hit the ground running last week, showing he wants the National Labor Relations Board (NLRB or Board) in line with his administration’s goals....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

Littler

National Labor Relations Board Continues Routine Operations with Lack of Quorum

Littler on

On January 27, 2025, the president removed National Labor Relations Board Member Gwynne A. Wilcox, leaving the Board with only two members: Chair Marvin E. Kaplan, a Republican, and Member David M. Prouty, a Democrat. That...more

Winthrop & Weinstine, P.A.

Legislative Top 5 - January 2025 #3

Impact of Minnesota Supreme Court Quorum Decision - Last Friday, the Minnesota Supreme Court weighed in on the question of whether 67 or 68 members of the House of Representatives are needed to constitute a quorum,...more

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