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Friday, November 21, 2025

Executive Power, Detainee Wages Top Justices’ Employment Cases - news.bloombergtax.com

The US Supreme Court’s docket this term features a handful of cases that could potentially reshape the employment and labor litigation landscape, including the firing of a Federal Trade Commission official and a federal contractor’s immunity defense against forced labor claims from immigration detainees.

The justices have so far granted a small list of petitions with employment and labor law implications, but are set to hear at least one dispute by November concerning the legal and constitutional protections that apply to prisoners or detainees who perform work.

The FTC case and equal protection challenges to states banning transgender girls and women from competing on female athletic teams are likely to have significant ripple effects in the labor and anti-bias legal arenas.

More cases are likely to come this term.

The high court is expected to ultimately review the merits of ongoing disputes over President Donald Trump’s unprecedented terminations of Democratic members of the National Labor Relations Board and Merit Systems Protection Board, as well as mass firings of federal workers after the majority used its controversial “shadow docket” to greenlight those actions as litigation plays out.

Here’s how the upcoming Supreme Court term is kicking off for employment law:

Separation-of-Powers

The Trump administration’s push to topple a 90-year-old precedent and expand the White House’s power over federal agencies that previously operated outside of its direct control,...



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