Compliance Stuff

On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems Protections Board (MSPB) member Cathy Harris, finding that the president has the power to remove NLRB and MSPB officials without cause since both agencies “wield substantial executive power.” Quick Hits The D.C. Circuit upheld President Trump’s power to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause. The court ruled that statutory “for-cause” removal protections for officials at federal agencies that wield substantial executive power are unconstitutional. The decision addresses constitutional questions about the extent of presidential authority over independent agencies, particularly concerning the removal of officers at agencies established by Congress. In  Wilcox v. Trump and Harris v. Bessent , a D.C. Circuit panel majority reversed a...

On May 22, the U.S. Supreme Court  granted a stay  allowing for the Trump administration’s termination of Merit Systems Protection Board (MSPB) chair Cathy Harris to stand while her lawsuit challenging her termination works its way through the courts. The order formalizes a temporary emergency stay granted in April and means that the MSPB, the quasi-judicial agency which oversees retaliation cases for federal employee whistleblowers, will continue without a quorum needed to issue decisions. Whistleblower advocates have  characterized the firing of Harris without cause as creating a crisis for federal whistleblowers . Harris was fired by President Trump on February 10. Sh e quickly challenged her termination, claiming it was illegal because under federal law, members of the MSPB may be removed from office “only for inefficiency, neglect of duty, or malfeasance in office.” While U.S. Court of Appeals for the District of Columbia Circuit issued a ruling temporarily reinstati...

The Supreme Court late yesterday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the authority to terminate leaders of independent administrative agencies without cause. In a 6-3 decision, SCOTUS ruled that greater risk of harm could come if Wilcox remained on the Board and exercised executive power while her termination is under dispute than if she were to remain unable to perform her claimed statutory duty during this limbo period. The matter will now head back to federal appeals court, with briefing and argument before a resolution and a probable return trip to the Supreme Court – which might not happen for several months at least . What do employers need to know about this developing story – and what should you do while we wait it out? Quick Timeline Here’s a quick timeline of how we arrived at this point: January 27:  Trump fired Democrat B...

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit Systems Protections Board (MSPB) member Cathy Harris without cause. Quick Hits The D.C. Circuit Court ruled that President Trump likely has the authority to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause , staying previous reinstatement orders from lower courts. The ruling leaves the NLRB and MSPB without enough members to hear cases. The decision addresses significant constitutional questions regarding the president’s power to remove members of independent agencies, boards, and commissions and Congress’s authority to restrict removal. In a split decision, the D.C. Circuit stayed two rulings by federal district courts in Washington, D.C., that had  reinstated NLRB member  Wilcox and MSPB member Harris to their respective independent...