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

By Jason Albright, J.D.

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

Highlights include:

• Federal courts of appeals: The Fifth Circuit found that SpaceX and two other employers were entitled to preliminary injunctions halting unfair labor practice proceedings against them pending the employers’ constitutional challenges to the structure of the NLRB. In a case involving notice following conditional certification of a collective action under the ADEA, the Seventh Circuit announced a “framework” for assessing the propriety of notice to a proposed FLSA—or ADEA—collective. The Ninth Circuit held that President Trump and two federal agency defendants were not entitled to a stay pending appeal of a preliminary injunction against their termination of multiple federal research grants pursuant to at least eight executive orders issued in January and February 2025. In an earlier case, however, the Ninth Circuit held that the Trump Administration was entitled to a stay of an injunction that barred implementation of Executive Order 14,251, which excludes certain federal agencies from collective bargaining based on asserted national security concerns.

• Also of note: Federal Reserve Governor Lisa D. Cook, whom President Trump purported to remove from office, filed a lawsuit on August 28 naming Trump, the Federal Reserve, and Chairman Jerome Powell, seeking declaratory and injunctive relief and alleging violations of the Federal Reserve Act and the Fifth Amendment. Earlier, on August 1, the Trump administration fired Bureau of Labor Statistics Commissioner Erika McEntarfer, a Biden appointee, accusing her of having a “lengthy history of inaccuracies and incompetence.”

MainStory: Procedure UnfairLaborPractices DisabilityDiscrimination Discrimination EmployeeLeave ClassActions GovernmentContracts Bargaining PublicEmployees Discharge AgencyNews WhiteHouseNews