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  • Top Five Labor Law Developments for November 2025 - Jackson Lewis

Top Five Labor Law Developments for November 2025 - Jackson Lewis

Tue, Dec 9, 2025 10:24 ET
in Press Release

  1. The U.S. Court of Appeals for the D.C. Circuit held that Congress may not constitutionally restrict the president’s ability to remove members of the National Labor Relations Board without cause. Wilcox v. Trump, et al., No. 25-5057 (D.C. Cir. Dec. 5, 2025). The court reversed district court rulings that had reinstated Board Member Gwynne Wilcox under statutory for-cause removal protections, finding those protections invalid under Article II of the U.S. Constitution. Relying on the U.S. Supreme Court’s decisions in Myers and Seila Law, the court concluded the Board wields “substantial executive power” through rulemaking, policymaking adjudications, remedial authority, and litigation, placing it outside the narrow exception recognized in Humphrey’s Executor for agencies exercising only quasi-legislative or quasi-judicial functions. The panel emphasized that these powers exceed those of the Federal Trade Commission in 1935 when Humphrey’s Executor was decided and, therefore, cannot justify insulation from presidential control. Accordingly, the court ruled that the president’s removal of Wilcox was lawful and disregarded the statutory restrictions. The Supreme Court will ultimately need to resolve the issue of the president’s removal power.
  2. The Senate Health, Education, Labor and Pensions (HELP) Committee approved management attorney Scott Mayer for one of the Board member vacancies and advanced his nomination to the U.S. Senate for a full vote. Mayer’s nomination comes...


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