A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in the Minnesota Human Rights Act (“MHRA”) requires physical presence within Minnesota; virtual presence and work-related contacts with the state are not sufficient.… Continue Reading
Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI in Education
Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives. A federal court denied the Trump administration’s motion to stay a preliminary injunction blocking the enforcement of most elements of President Trump’s Executive Orders 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity and 14151 Ending Radical and Wasteful Government DEI Programs and Preferencing (collectively, “the DEI Executive Orders”).… Continue Reading
Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices
Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified on February 21, 2025, when a federal judge in Baltimore issued a nationwide preliminary injunction on enforcement of much of the EO. The ruling comes on the heels of a guidance memo issued earlier this month by 16 Democratic state attorneys general in which the state AGs argue that DEI best practices are not illegal.… Continue Reading
NLRB Board Member Challenges President Trump’s Executive Power
On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. However, on January 28, 2025, President Donald Trump made an unprecedented move by firing Wilcox, the former chair and first Black woman to serve on the Board.… Continue Reading
President Trump Appoints NLRB Acting General Counsel
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day.
New NLRB Acting General Counsel
On February 3, 2025, President Donald Trump appointed William B. Cowen as Acting General Counsel of the NLRB. This comes on the heels of the President firing former NLRB General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and Acting General Counsel Jessica Rutter.… Continue Reading
President Trump Continues to Reshape the NLRB
Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB).
Trump Ousts NLRB Acting General Counsel
Since Inauguration Day, President Donald Trump has worked to reshape the NLRB by firing General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and now acting General Counsel Jessica Rutter.… Continue Reading
White House Reverses Course on Spending Freeze Order
In a two-sentence memo, the White House rescinded the spending freeze announced with great fanfare just two days prior and which we previously reported on here. The broad scope of the directive suspended all federal financial assistance implicated by President Trump’s recent barrage of Executive Orders, leaving federal funding recipients scrambling to understand the extent of the freeze.… Continue Reading
Trump Administration Retreats from Defense of Two Biden-Era Lawsuits
In the ongoing battle over labor policy, the Trump administration has signaled plans to abandon or at least revise its defense of two Biden-Era lawsuits and their underlying initiatives.
The DOL’s Independent Contractor Rule
On January 24, 2025, the U.S. Court of Appeals for the Fifth Circuit granted the U.S. Department of Labor’s (DOL) request to delay oral arguments set for early February in a lawsuit challenging the Biden administration’s 2024 rule on classifying workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).… Continue Reading
Labor Leadership Takes an Expected (and Unexpected) Change
One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL).
Trump Moves Quickly to Reshape the NLRB
As we expected, and reported here, President Trump has moved quickly to re-make the NLRB. Almost immediately after taking office, the President named Republican board member Marvin Kaplan as Chair of the NLRB. … Continue Reading
White House Halts Federal Assistance to Advance Trump Priorities, Including Eliminating DEI Funding
On Monday, January 27, 2025, the acting head of the Office of Management and Budget (“OMB”) issued a memo ordering the pause of all federal financial assistance “that may be implicated” by any of President Trump’s recent barrage of Executive Orders. According to the memo, the freeze encompasses funding for activities including, but not limited to, “foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”… Continue Reading