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Monday, June 9, 2025

Top 10 Labor, Employment, and OSHA Trends for 2025 - The National Law Review

As we approach midyear, the ArentFox Schiff Labor, Employment & OSHA team highlights some of the most pressing legal issues facing employers this year, including artificial intelligence (AI) regulation at the state level, reshaping of the National Labor Relations Board (NLRB), continuing expansion of state paid family and medical leave laws, challenges to diversity, equity, and inclusion (DEI) in the workplace, and changes to US Equal Employment Opportunity Commission (EEOC) guidance and enforcement.

1. History in the Making: The State of the NLRB Under the New Administration

Like most government agencies, the National Labor Relations Board (NLRB) has not escaped the Trump Administration’s efforts to reshape the federal government and replace officials in positions of power. Since assuming office, President Trump has discharged former NLRB General Counsel Jennifer Abruzzo and removed NLRB panel member Gwynne Wilcox.

While replacement of Abruzzo was expected, the president’s decision to remove Wilcox surprised many and introduced legal challenges, both at the NLRB and in court:

  • Removing Wilcox on January 27 left the NLRB with only two of its typical five members and without a quorum to decide the cases pending before it.
  • On March 6, a DC District Court ordered Wilcox’s temporary reinstatement based upon a 90-year-old US Supreme Court precedent, Humphrey’s Executor v. US — a case that prohibited then-president Franklin D. Roosevelt from removing members of independent...


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