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  • Top Five Labor Law Developments for February 2025 - The National Law Review

Top Five Labor Law Developments for February 2025 - The National Law Review

Mon, Mar 24, 2025 16:20 ET
in Press Release

  • A federal judge for the District of Columbia held President Donald Trump’s termination of National Labor Relations Board Member Gwynne Wilcox violated the National Labor Relations Act; Wilcox’s reinstatement restores Board quorum. Wilcox v. Trump and Kaplan, No. 1:25-cv-00334 (D.D.C Mar. 6, 2025). The decision stems from President Trump’s removal of Wilcox as a Board member prior to the expiration of her term. In her lawsuit, Wilcox argued her unprecedented removal violated the Act, which allows the president to remove Board members only in cases of “neglect of duty or malfeasance in office, but for no other cause,” and only after “notice and hearing.” Wilcox cited for support the U.S. Supreme Court’s 1935 decision in Humphrey’s Executor, in which the Court upheld the constitutionality of for-cause removal protections for federal agency leaders. The Trump Administration filed a Notice of Appeal with the D.C. District Court shortly after the judge’s decision. In the meantime, Wilcox’s return restores the Board’s three-member quorum, and it can resume issuing decisions.
  • Acting Board General Counsel (GC) William Cowen issued a memorandum rescinding dozens of former GC Jennifer Abruzzo’s enforcement initiatives. GC Memo 25-05. The memo signals Cowen’s intention to undo many of Abruzzo’s policies, including those related to protected concerted activities, settlement agreements, and employment agreement provisions like “stay-or-pay” provisions. While GC memos do not reverse...


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