John Fry is a student at Harvard Law School.
NLRB Member Gwynne Wilcox may be experiencing whiplash right now. President Trump attempted to terminate her shortly after his inauguration in January. On March 6, the District Court for the District of Columbia ordered that Wilcox could retake her seat. On March 28, a D.C. Circuit panel stayed the district court’s order, keeping Wilcox at home pending the case’s full consideration. On April 7, the full D.C. Circuit reversed the panel, handing Wilcox another victory. In a terse order, a majority of the circuit noted that the Supreme Court has declined to overrule Humphrey’s Executor and that lower courts must “leav[e] to the Supreme Court the prerogative of overruling its own decisions.”
The Court may be exercising that prerogative. On Wednesday afternoon, it stayed the D.C. Circuit’s decision, meaning that Wilcox is once again sidelined for the time being. The Court asked Wilcox to file a response by Tuesday, indicating that the current stay is likely to be a short-term measure while the Court decides how to proceed with the case. This approach is in keeping with what appears to be a broader attempt by the Court to avoid showdowns with the Trump administration, delaying controversial cases on technical grounds and sending them back to lower courts when possible. However, given the relative legal simplicity of Wilcox’s case, a full ruling from the Court could come soon.
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June 3
JOLTS data shows mixed labor market as personal income declines; New York Fed research links remote work to rising youth unemployment; Virginia Governor Spanberger signs sweeping employment reform package.
June 2
Illinois passes rideshare driver unionization bill; DOL issues new union financial reporting rule; unions push back against AI data center regulations.
June 1
Federal judge declines to block New Jersey cannabis labor peace requirements; EEOC issues proposed rescission of rule protection companies undertaking voluntary affirmative action plans; Connecticut governor signs AI law requiring employers to give notice about use of AI in employment decision-making.
May 31
The disparity between corporate profits and worker pay hits a record high; Colorado Governor Jared Polis vetoes pro-union legislation; MLB announces its counteroffer in negotiations with the MLBPA.
May 29
Senators advance on college athlete rights bill; USDA strains OSHA with proposed meat production lines speed-up.
May 28
University of California workers union reach agreement; Texas shrimp industry asks for more visas.