Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for April 2025, (May 5, 2025)

Organizations Mentioned:Office of Personnel Management | Radio Free Asia | Skadden Arps

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during April, here’s a recap of some key developments in the L&E community.

Highlights include:

Supreme Court: The U.S. Supreme Court, in a divided opinion, held that a fed ...

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during April, here’s a recap of some key developments in the L&E community.

Highlights include:

Supreme Court: The U.S. Supreme Court, in a divided opinion, held that a federal civilian employee called to active duty pursuant to “any other provision of law... during a national emergency” is entitled to differential pay without having to prove that his service was substantively connected in some particular way to some particular emergency. Earlier, the Court unanimously held that plaintiffs seeking to state a Section 1106(a)(1)(C) ERISA claim alleging that a plan fiduciary engaged in a transaction proscribed therein need only plausibly allege the elements contained in that provision itself.
NLRB: The National Institute for Workers’ Rights filed an unfair labor practice complaint against Skadden, Arps, Slate, Meagher & Flom LLP, which it says may have violated Section 7 of the NLRA “by interfering with workers’ right to engage in protected concerted activity.” The filing notes that concerns arose after Skadden entered into an agreement in March to both provide pro bono legal services to causes that are aligned with the Trump administration, and to curtail its diversity, equity, and inclusion initiatives.
Federal agency developments: The Office of Personnel Management issued a proposed rule reviving President Trump’s new “Schedule F” category of previously protected federal workers. A coalition of labor organizations, nonprofit groups, and local governments joined forces and, on April 28, filed a lawsuit in a California federal district court in San Francisco seeking to “hold unlawful and stop the unconstitutional dismantling of the federal government by the President of the United States on a scale unprecedented in this country’s history and in clear excess of his authority.” And a federal court in the District of Columbia preliminarily enjoined an attempt, pursuant to an Executive Order signed by Trump, to shutter the Voice of America, Radio Free Asia, and Middle East Broadcasting Networks.

MainStory: USERRAVeterans PublicEmployees EvidenceDiscovery GovernmentContracts Procedure UnfairLaborPractices Labor Immigration WageHour MinimumWage WorkingTime Covid19 ClassActions EmployeeLeave SexDiscrimination ReligiousDiscrimination Discrimination RemediesDamages DOGE AgencyNews WhiteHouseNews FedTracker LaborEmployment

Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for April 2025, (May 5, 2025)

Organizations Mentioned:Office of Personnel Management | Radio Free Asia | Skadden Arps

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during April, here’s a recap of some key developments in the L&E community.

Highlights include:

Supreme Court: The U.S. Supreme Court, in a divided opinion, held that a fed ...

By Jason Albright, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily during April, here’s a recap of some key developments in the L&E community.

Highlights include:

Supreme Court: The U.S. Supreme Court, in a divided opinion, held that a federal civilian employee called to active duty pursuant to “any other provision of law... during a national emergency” is entitled to differential pay without having to prove that his service was substantively connected in some particular way to some particular emergency. Earlier, the Court unanimously held that plaintiffs seeking to state a Section 1106(a)(1)(C) ERISA claim alleging that a plan fiduciary engaged in a transaction proscribed therein need only plausibly allege the elements contained in that provision itself.
NLRB: The National Institute for Workers’ Rights filed an unfair labor practice complaint against Skadden, Arps, Slate, Meagher & Flom LLP, which it says may have violated Section 7 of the NLRA “by interfering with workers’ right to engage in protected concerted activity.” The filing notes that concerns arose after Skadden entered into an agreement in March to both provide pro bono legal services to causes that are aligned with the Trump administration, and to curtail its diversity, equity, and inclusion initiatives.
Federal agency developments: The Office of Personnel Management issued a proposed rule reviving President Trump’s new “Schedule F” category of previously protected federal workers. A coalition of labor organizations, nonprofit groups, and local governments joined forces and, on April 28, filed a lawsuit in a California federal district court in San Francisco seeking to “hold unlawful and stop the unconstitutional dismantling of the federal government by the President of the United States on a scale unprecedented in this country’s history and in clear excess of his authority.” And a federal court in the District of Columbia preliminarily enjoined an attempt, pursuant to an Executive Order signed by Trump, to shutter the Voice of America, Radio Free Asia, and Middle East Broadcasting Networks.