Policy Week in Review – December 5, 2025
At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. DC Circuit Rules NLRB Members are Removable at Will The U.S. Court of Appeals for the District of Columbia Circuit ruled earlier today that the president can remove a member of the National Labor Relations Board (NLRB), Gwynne Wilcox, without cause. The court held that because NLRB members exercise “substantial executive power,” they cannot be insulated from the president’s control. They therefore can be removed at will. The decision was widely expected following an order issued last May by the U.S. Supreme Court, which allowed the administration to keep Wilcox out of office while her challenge to her removal went forward. That order, however, was only an interim order, whereas the D.C. Circuit’s opinion reaches the merits of the case. Even so, the D.C. Circuit’s opinion may not be the last word. On Monday, the Supreme...