Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
A panel majority's opinion giving an early green light to President Donald Trump's firing of two labor agency panel members took a narrow view of the U.S. Supreme Court precedent restricting presidents' removal power that the full D.C. Circuit — which will soon weigh in — may not share. Here, Law360 looks at takeaways from Friday's ruling.
The U.S. Supreme Court's rejection of two labor cases does not spell an end for employers' arguments disputing how much deference courts owe the National Labor Relations Board, challenges that are increasingly common since the justices' Loper Bright decision last term abandoning Chevron deference.
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Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
A panel majority's opinion giving an early green light to President Donald Trump's firing of two labor agency panel members took a narrow view of the U.S. Supreme Court precedent restricting presidents' removal power that the full D.C. Circuit — which will soon weigh in — may not share. Here, Law360 looks at takeaways from Friday's ruling.
The U.S. Supreme Court's rejection of two labor cases does not spell an end for employers' arguments disputing how much deference courts owe the National Labor Relations Board, challenges that are increasingly common since the justices' Loper Bright decision last term abandoning Chevron deference.
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April 01, 2025
The Fourth Circuit on Tuesday nixed an appeal from the Trump administration of a temporary restraining order preventing the Department of Government Efficiency's access to sensitive data in Social Security Administration systems, with a White House spokesperson saying the president will "continue to seek all legal remedies available."
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April 01, 2025
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
Federal unions have renewed their challenge to the president's deferred resignation offer, expanding on their members' difficulties and the roadblocks they face to fighting the initiative through agency channels in an apparent effort to address flaws underlying their earlier Massachusetts federal court loss.
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April 01, 2025
A court should have decided whether a dispute between a regional airline and a Teamsters local over the airline's uniform policy was arbitrable, an Indiana federal judge ruled, saying an arbitrator overstepped by finding the dispute fell within her jurisdiction.
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April 01, 2025
A Teamsters pension plan has the authority to expel a bargaining unit of Penske workers in Dallas in a withdrawal liability dispute, an Illinois federal judge concluded while siding with the truck leasing company to find that an arbitrator has to determine when the expulsion happened.
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April 01, 2025
A National Labor Relations Board decision from October finding that former Starbucks CEO Howard Schultz unlawfully threatened workers during an employee town hall threatens to trample on employers' free speech rights, the company told the Fifth Circuit as it seeks to reverse the decision.
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April 01, 2025
The AFL-CIO has jumped into a legal battle to defend against a constitutional challenge seeking to block implementation of a voter-approved Oregon state law that requires cannabis businesses to have labor peace agreements.
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March 31, 2025
SpaceX urged a Texas federal court to vacate a renewed order making California the location for the aerospace company's lawsuit challenging the constitutionality of the National Labor Relations Board's structure, saying conditions the Fifth Circuit imposed for renewing a bid for a transfer after blocking it in August haven't been met.
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March 31, 2025
President Donald Trump on Monday nominated Jonathan Berry of Boyden Gray PLLC to be solicitor of labor, the U.S. Department of Labor's top lawyer.
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March 31, 2025
The National Treasury Employees Union sued on Monday to block portions of President Donald Trump's recent executive order ending collective bargaining at a number of federal agencies where its members work, saying the directive amounts to unlawful "political retribution" for the union's legal advocacy against Trump's agenda.
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March 31, 2025
Aluminum producer Alcoa USA Corp. must provide lifetime healthcare benefits to a group of retirees who were represented by unions, an Indiana federal judge ruled, greenlighting an injunction that allows class members to retroactively seek payments for costs.
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March 31, 2025
The U.S. Department of Labor may not approve minimum wage job orders for migrant farmworkers in Washington state, a federal judge has ruled, saying seasonal farmworkers with H-2A visas must receive paychecks that don't depress agricultural wages in the area.
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March 31, 2025
Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.
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March 31, 2025
President Donald Trump on Monday nominated Andrew Rogers, acting general counsel for the U.S. Equal Employment Opportunity Commission, to run the U.S. Department of Labor's Wage and Hour Division, a role that along with the labor secretary oversees wage rulemaking and enforcement.
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March 31, 2025
Former Merit Systems Protection Board member Cathy Harris asked the full D.C. Circuit on Monday to hear a case challenging President Donald Trump's decision to fire her and a National Labor Relations Board member, saying the court's "authoritative announcement" would calm uncertainty surrounding the status of independent agencies.
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March 31, 2025
A Wyoming heating and cooling company violated federal labor law by refusing to sign a labor contract it agreed to with its workers' union, a National Labor Relations Board judge said, finding the company consented to the collective bargaining agreement in a way that triggered an obligation to sign.
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March 31, 2025
AT&T California unlawfully delayed its response to an information request related to a grievance from a Communications Workers of America local, the National Labor Relations Board concluded, with the board's chairman saying he would be willing to review the agency's deferral policy for information requests.
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March 28, 2025
An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.
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March 28, 2025
The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.
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March 28, 2025
The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.
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March 28, 2025
This week, the Second Circuit will consider an attempt from the former city planner for Newburgh, New York, to revive her lawsuit claiming she was fired for advocating that the city adopt antiracism policies for the city's housing initiatives.
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March 28, 2025
A Washington, D.C., federal judge on Friday blocked the Trump administration from stopping work and pursuing mass firings at the Consumer Financial Protection Bureau, saying she had to take action to spare the agency from potential illegal "destruction."
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March 28, 2025
A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.
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March 28, 2025
A Minnesota plumbing company illegally turned away an applicant because of his union ties, a National Labor Relations Board judge concluded, saying the snub placed the company on the hook for a National Labor Relations Act violation.
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March 28, 2025
Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.