A federal court yesterday struck down President Trump’s attempt to fire National Labor Relations Board (NLRB) member Gwynne Wilcox. The decision restores the NLRB’s ability to function—but more importantly, it sends a clear message about presidential power and labor law. Here’s what happened, why the court ruled against Trump, and…
Last week, former President Trump made headlines (and blog posts) for firing Gwynne A. Wilcox, Chair of the National Labor Relations Board, even though her term was set to last until 2028. This week, Ms. Wilcox sued to get her job back. Here’s what’s happening and why it matters for…
According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves…
In a move that will swing the pendulum from union-to-business friendly faster than some expected, the Senate yesterday narrowly voted against advancing President Joe Biden’s nominee, Lauren McFerran, the current Chairman of the National Labor Relations Board (NLRB), for another term. The vote was 49-50, with independent Senators Joe Manchin…
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. I’ve assembled an all-star panel of employment lawyers to explore them, including my partners Amy Epstein Gluck and Dessi Day and two…
Within the past week, the National Labor Relations Board has reversed over 100 years of combined precedent with two decisions that will make it easier for unions to organize American workplaces. Employer Statements About Unionization’s Impact on Employer-Employee Relationship On November 8, the Board decided that it would start evaluating…
After Tuesday, we have a newly elected Republican president, a Senate soon under Republican control, and a House of Representatives that could still hold a Republican majority. With those changes could come some corresponding shifts in employment law. Typically, when administrations change, so does the makeup of the federal administrative…
On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them. This could have been avoided. In this case, the nondisparagement provision stated that it was…
The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes. Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. During their employment and…
I disappeared down a few Google rabbit holes in my attempt to find the right coffee pun to introduce yesterday’s Supreme Court decision in which eight out of nine justices agreed to recalibrate the test for when the National Labor Relations Board seeks an injunction in federal court to curtail…
