SCOTUS Ends Legal Challenge Filed by Former NLRB Member Wilcox. The Supreme Court of the United States has denied the petition for a writ of certiorari filed by former National Labor Relations Board Member Gwynne Wilcox, ending her challenge to President Trump’s decision to remove her from the Board in late January 2025. This leaves in place a December 2025 decision by the U.S. Court of Appeals for the District of Columbia Circuit upholding Wilcox’s removal. It also confirms that the Supreme Court’s decision in Slaughter applies to the National Labor Relations Act’s “for-cause” removal protections (which require that members only be removed for “neglect of duty or malfeasance in office”). Future presidents will therefore be empowered to assert political control over the NLRB more quickly, though politics and the U.S. Senate will still have roles to play. Brian E. Hayes and Zachary V. Zagger have more.
EEOC Poised to Scrap Guidance on Disparate Impact. The U.S. Equal Employment Opportunity Commission (EEOC) is on the precipice of rescinding its 1978 Uniform Guidelines on Employee Selection Procedures. As forecast in the Commission’s regulatory agenda, made public in July 2026, a draft final rule rescinding the guidelines is currently under review by the Office of Information and Regulatory...
Health care entities may be able to pay less than half the steep fines ordinarily associated with False Claims Act (FCA) violations by voluntarily reporting issues under a new pilot program launche...