Earlier this year, President Trump removed Gwynne Wilcox from her post on the National Labor Relations Board (NLRB). That move triggered a legal firestorm, leading to a showdown now before the U.S. Supreme Court. The question: Can the President remove independent agency officials like NLRB members at will or does the Constitution allow Congress to…
In an unprecedented move, President Trump fired EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, both Democratic appointees. This move mirrors his dismissals at other independent agencies, such as the National Labor Relations Board (NLRB) and the Privacy and Civil Liberties Oversight Board (PCLOB)—setting the stage for a constitutional showdown over presidential authority. But what does…
On January 21, 2025, President Trump issued an Executive Order titled: “Ending Illegal Discrimination and Restoring Merit Based Opportunity.” The Executive Order targets DEI programs in the private sector. Below is a summary of the highlights and some quotes of key provisions. 🔚 “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences. (a) …
The union representing the Dartmouth College men’s basketball team, SEIU Local 560, has withdrawn its petition for unionization with the National Labor Relations Board (NLRB). The timing of the withdrawal is closely tied to the recent presidential election, which significantly impacts the leadership and priorities of the NLRB. 🤦🏻♂️ Why Now? The Election’s Influence The…
On November 5, the United States Supreme Court heard oral arguments in E.M.D. Sales, Inc. v. Carrera, a case addressing the evidentiary standard an employer must meet to establish whether an exemption under the Fair Labor Standards Act (FLSA) applies. The FLSA governs minimum wage and overtime requirements. Employees eligible for overtime must receive it…
The National Labor Relations Board (NLRB) banned mandatory employee meetings for purposes of discussing the subject of union representation. These are “captive audience” meetings. The decision upends more than 75 years of precedent and is yet another ultra-pro union ruling. Background Since the 1940s, “captive audience” meetings were a common employer strategy to convey anti-union…
The regulation of artificial intelligence (AI) in the workplace is shaping up to be a significant issue in future U.S. administrations, with both the Harris and Trump approaches reflecting broader differences in their governing philosophies. 🔵 If Harris Wins A Harris administration would likely continue and expand the Biden administration’s pro-labor stance, focusing on AI…
With the election around the corner, employers may see an uptick in political speech in the workplace. Let’s discuss how private employers can regulate political speech. Political speech includes a wide range of activities beyond verbal or written communication, such as wearing politically themed clothing or accessories, displaying campaign-related items, or supporting causes through social…
It’s election season, and while us pet owners are making sure our dogs 🐾 and cats 🐈 aren’t someone’s lunch or dinner, there is the issue of voting laws. In Florida, I’m often asked whether an employer must provide leave for voting. Here in the Sunshine ☀️ State, the answer is no. Florida does not…
🗣️ The presidential debate is tonight, which makes today the perfect time to talk about how private employers can deal with political speech in the workplace. Political speech includes a wide range of activities beyond verbal or written communication, such as wearing politically themed clothing or accessories, displaying campaign-related items, or supporting causes through social…