Most employees still want to be able to work from home at least some of the time. But a small cohort yearns to get back to cubicles and chit-chat.
Archives for April 10, 2025
Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More
By: Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More
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.
Only Monday morning, after a series of back and forth rulings that we chronicled here earlier this week, the Federal Court of Appeals for the DC Circuit issued its en banc decision holding that Congress can limit the President’s removal authority and ordering that the prior DC Circuit’s three judge panel’s order that stayed Judge Howell’s summary judgement order reinstating Member Wilcox to the Board be vacated. This allowed Wilcox to return to work and gave the NLRB its three-member quorum again. Wilcox immediately returned to work and the NLRB began issuing decisions.
In February, the Trump Administration used a procedure rarely utilized to apply to Chief Judge Roberts: (1) have the Court take up the case immediately and (2) vacate the District Court Order, reinstating Wilcox to the Board. The application was over 250 pages. Roberts issued a preliminary order granting the application to vacate the original District Court order reinstating Wilcox to the Board pending further order of the Supreme Court and ordered Member Wilcox to file a response to the entire application by Tuesday.
The NLRB is again without a quorum and Member Wilcox is again without a job.
Where Do Things Go From Here?
The Supreme Court has yet to rule whether it will take up the entire case immediately or allow the proceedings in the DC Circuit to continue first. It appears quite likely that SCOTUS will rule on this termination, but it is not clear whether proceedings will proceed before the Court of Appeals first. In any case, things will likely remain status quo until at least next week when Member Wilcox files her response.
With the NLRB being without a quorum, there will be a halt to NLRB decisions, and many of the activities of the Board will grind to a halt or move quite slowly.
Much like a pinball ricocheting between bumpers, Member Wilcox’s status—and the NLRB’s ability to function—continues to bounce unpredictably from one decision to the next. For now, the ball is with the Supreme Court. We will continue watching and reporting on where it lands next.
Gen Z Workers Advised To ‘Be Professionally Mean’ At Work On TikTok
Trending career advice for Gen Z workers is “be professionally mean” if you want to succeed in the workplace. But is this semantics or an attack on corporate America?
New Maryland Laws—Delay to Paid Family and Medical Leave, Expanded Military Protections, and Parental Leave Clarification
The Maryland General Assembly’s 2025 legislative session ended at 11:59 p.m. on Monday, April 7. Unlike previous years’ editions, this session ended up being a relatively positive one for employers. Although many concerning bills were proposed (e.g., increased minimum wage, an increased salary level for overtime exemptions, expansion of the
Final Touches: President Trump Rounds Out DOL Leadership with Two Nominees
TakeawaysNominated to head the DOL Wage and Hour Division, Andrew Rogers would return to the agency after a stint at the EEOC. Nominated for DOL solicitor of labor, Jonathan Berry is an attorney in private practice and had authored the DOL chapter of the Project 2025 policy platform, which backs compliance assistance over enforcement.If confirmed, they will join newly installed Labor Secretary Lori Chavez-DeRemer to lead the DOL and employers can expect changes in direction at the agency.Article
FDA reverses RTO mandate and restores telework for key staff
Whatever the reasoning behind the telework shift, former federal officials say it’s a sign that recently confirmed FDA Commissioner Marty Makary is trying to retain and rebuild agency staffing.
DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary Injunction
DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary Injunction
As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two
Top Five Labor Law Developments for March 2025
The National Labor Relations Board once again lacks a quorum to issue decisions. The U.S. Court of Appeals for the D.C. Circuit granted the Trump Administration’s emergency request to stay a lower court’s decision reinstating Board Member Gwynne Wilcox. Wilcox v. Trump, et al., No. 25-5057 (D.C. Cir. Mar. 28, 2025). In a 2-1 decision, the court majority ruled the Trump Administration is likely to demonstrate that President Donald Trump had authority to terminate Wilcox, finding the U.S. Supreme Court’s decision in Seila Law, 591 U.S. 197 (2020), controlling.
Employers Still Need to Abide 2024 Independent Contractor Rule Despite DOL Hints of Dropping It
TakeawaysIn several ongoing lawsuits, the DOL has notified the courts that it will reconsider its 2024 independent contractor rule and may issue a new rule.The 2024 rule formally rescinded an independent contractor rule issued at the close of the first Trump Administration.The 2024 rule remains in effect while the cases are held in abeyance; however, the DOL is unlikely to enforce it.Related links
Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law
A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter of law. The ruling could be the first instance of a federal court adopting a
Reduction in Force Master Class: Strategic Workforce Adjustments in a Changing Political Climate
Reduction in Force Master Class: Strategic Workforce Adjustments in a Changing Political Climate
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Thu, 04/10/2025 – 13:59
Gen Z workers are freaking out about a potential recession and it’s decimating their confidence
Entry-level employee optimism reached a record low in March.
Del Papel a la Práctica: Cómo Implementar Correctamente Medidas Disciplinarias
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New Dates Announced for Maryland’s Delayed FAMLI Program
TakeawayPayroll deductions will begin 01.01.27, with leave benefits availability slated for 01.03.28.Related links
Littler Names New Chief Marketing & Communications Officer and Chief Business Development Officer
Littler Names New Chief Marketing & Communications Officer and Chief Business Development Officer
(April 10, 2025) – Littler, the world’s largest employment and labor law practice representing management, has named Jennifer Klein as the firm’s Chief Marketing & Communications Officer and Sarah Korth as Chief Business Development Officer. Klein and