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Archives for March 2025
USCIS Completes Fiscal Year 2026 H-1B Lottery
On March 31, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the completion of the initial selection process for the H-1B regular cap and master’s cap for fiscal year (FY) 2026. Utilizing its electronic preregistration system to conduct the random selection lottery, USCIS confirmed that notifications regarding the selection results
How To Overcome The Top Challenges Faced By Job Seekers
Are you struggling to secure job interviews? Discover the top 5 challenges job seekers face and expert tips to land your next opportunity faster.
How Will the Fight Over Agency Independence Affect Labor and Employment Law?
How Will the Fight Over Agency Independence Affect Labor and Employment Law?
mfelling@littler.com
Mon, 03/31/2025 – 14:24
DOJ Withdraws 11 Pieces of Americans With Disabilities Act Title III Guidance: What Covered Businesses Need to Know
The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act
The New Presidential Directive on Gender Identity: The Next Steps for Florida Employers
On January 20, 2025, President Trump enacted Executive Order (EO) 14168, which is titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This EO mandates that various agencies, including the Equal Employment Opportunity Commission (EEOC), revoke “all guidance documents . . . or such parts of such documents that are inconsistent” with the stipulations of EO 14168. The EO identifies the EEOC’s “Enforcement Guidance on Harassment in the Workplace,” dated April 29, 2024, as a document that the administration anticipates will be fully or partially rescinded.
NLRB Again Without A Quorum
By: NLRB Again Without A Quorum
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 three member quorum and allowed it to again begin ruling on cases, and issuing injunctions and decision.
Last Friday, a divided United States Court of Appeals for the DC Circuit, granted the federal government’s request for a stay of Judge Howell’s reinstatement order. Thus, the NLRB is again left with only two members, David M. Prouty and Marvin E. Kaplan. As a result, the NLRB is also again without a quorum, which under the National Labor Relations Act requires at least three members. Some functions of the NLRB will continue without a quorum, but many including the issuance of decisions are again curtailed, consistent with the Board’s February 1, 2025 Release on Authority for Continued Operations.
The DC Circuit’s decision granting the stay on the reinstatement of Member Wilcox was split on partisan lines, with Judge Justin Walker, a Trump appointee and Judge Karen Henderson, an appointee of Judge George H.W. Bush, both ruling in favor of the Trump administration and Judge Patrica Millett, an Obama appointee, dissenting. At this point, Wilcox can seek en banc review of the stay order from the DC Circuit, or she could attempt to seek Supreme Court review of the stay. The merits of the case are not scheduled for oral argument before the yet to be named three Judge DC Panel until May 16.
Ultimately, it is pretty clear that this entire issue will ultimately be determined by the Supreme Court. This matter and other matters related to Executive Branch’s removal power all hinge on the viability of the 90 year old SCOTUS decision in Humphrey’s Executor v. United States, 295 U.S. 602 (1935), which unanimously held that Franklin Roosevelt did not have the unfettered power to terminate William Humphrey as a member of the Federal Trade Commission and could only do so consistent with the Federal Trade Commission Act’s statutory limitations for removal enacted by Congress. The Trump administration is hoping to have the current SCOTUS overturn that decision and grant Trump with unfettered power to remove executive agency members at his discretion.
We will continue to keep you updated on key National Labor Relations Board developments.
Goldberg Segalla Welcomes Marshall K. Pautsch
Goldberg Segalla added Marshall K. Pautsch to the firm’s Workers’ Compensation practice group in Orange County.
Goldberg Segalla Welcomes Jason R. Hepperly
Goldberg Segalla added Jason R. Hepperly to the firm’s Retail and Hospitality group in West Palm Beach.
Goldberg Segalla Welcomes Delali H. Agblevor
Goldberg Segalla added attorney Delali H. AgblevorGoldberg Segalla added Delali H. Agblevor to the firm’s Civil Litigation and Trial practice group in Philadelphia.
Navigating Employee Grief: Bereavement Law in California
In 2022, California passed Assembly Bill (AB) 1949 which amended the California Family Rights Act (CFRA) to provide for bereavement leave. The law took
Littler Adds Drew C. Piersall as Senior Counsel in Columbus
Littler Adds Drew C. Piersall as Senior Counsel in Columbus
COLUMBUS, Ohio (March 31, 2025) – Littler, the world’s largest employment and labor law practice representing management, has added Drew C. Piersall as senior counsel in its Columbus office. Piersall joins from Zashin & Rich and brings more than 20
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Federal Court of Appeals Allows President to Remove NLRB Member Wilcox for Now
Federal Court of Appeals Allows President to Remove NLRB Member Wilcox for Now
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 directed the
Overwhelmed managers are spending their days putting out fires instead of planning for the future
There’s a fundamental mismatch between a manager’s job description and what they actually do.