Trump v. Wilcox (US S Ct 0522/2025) [PDF]: SCOTUS slapped a stay on District Court orders that would have reinstated Gwynne Wilcox as a Member of the NLRB. The stay will remain until the case winds its way through the Court of Appeals. A take-away quote: “The stay reflects our judgment that the Government
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NLRB’s General Counsel asks and answers “What about Thryv, Inc.?”
By Ross Runkel
Without saying it’s dead, he says it’s dead: “In sum, both the majority and dissent in Thryv agree that foreseeable ‘harms’ or ‘losses’ should be remedied if they ‘result from’ the unfair labor practices or where the ‘causal link’ between the loss and the unfair labor practice is ‘sufficiently clear.’ Thus, at least for purposes…
Paul Grossman's 2025 update
By Ross Runkel
Paul Grossman just sent out his 117 page Employment Discrimination Law Update for 2025. If you practice employment law, this is something you must have. It’s thorough, objective, accurate, and easy to read. The UPDATE is a personal supplement to the book that was coauthored – Lindemann, Grossman and Weirich, Employment Discrimination Law (BNA – Sixth Edition…
Surprise 5-4 RICO decision from SCOTUS
By Ross Runkel
An employee bought and used a purportedly THC-free tincture for his pain, but he tested positive for THC on a drug test, so he was fired from his job.He sued the maker of the tincture under RICO.Note that RICO won’t apply to a personal injury such as loss of employment. But the US Supreme Court…
William B. Cowen appointed Acting General Counsel of the NLRB.
By Ross Runkel
Press release, February 03, 2025:Today, effective immediately, President Donald J. Trump appointed William B. Cowen Acting General Counsel of the National Labor Relations Board. Prior to today’s appointment, Mr. Cowen served as Regional Director in the Agency’s Los Angeles Regional Office (Region 21) since 2016.“I am truly honored to be asked to serve as Acting…
Acting NLRB GC is fired
By Ross Runkel
The President on Saturday fired NLRB Acting General Counsel Jessica Rutter, four days after firing General Counsel Jennifer Abruzzo.
NLRB GC speaks
By Ross Runkel
From the NLB on February 01, 2025:This provides notice to the public that pursuant to the National Labor Relations Act, 29 CFR 102.178, and applicable case law, the NLRB Office of the General Counsel’s Field Offices will continue their normal operations of processing unfair labor practice cases and representation cases.Further, under 29 CFR 102.182 during…
President fires NLRB Member and General Counsel
By Ross Runkel
The President has fired NLRB Member Gwynne Wilcox—an unprecedented move that leaves the Board without a quorum and thus unable to act. The statute says Members can be removed “by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” But many employers have been arguing…
SCOTUS: Prove FLSA exemptions using the preponderance-of-the-evidence standard
By Ross Runkel
A unanimous Supreme Court on Wednesday held that FLSA exemptions are proved using the preponderance-of-the-evidence standard, not the clear-and-convincing evidence standard. EMD Sales v. Carrera (US S Ct 01/15/2024) [PDF] The case involved sales representatives who claimed they were denied overtime payments. The employer argued they were outside salesmen and therefore exempt. The…
NLRB's Thryv remedies shot down
By Ross Runkel
Back in 2022 the NLRB announced that it will routinely award additional remedies for employees who are unlawfully terminated. This required employer to compensate employees for any direct or foreseeable pecuniary harms incurred as a result of the unlawful adverse actions against them, including reasonable search-for-work and interim employment expenses, if any, regardless of whether…