Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for December 2025, (Jan 6, 2026)

Organizations Mentioned:American Federation of Government Employees | SpaceX

By Jason Albright, J.D.

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

At the Supreme Court: On December 8, the U.S. Supreme Court heard oral a ...

By Jason Albright, J.D.

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

At the Supreme Court: On December 8, the U.S. Supreme Court heard oral argument in Trump v. Slaughter, concerning the reach of the President’s power to remove heads of independent federal agencies, implicating the future viability of the Court’s 90-year-old precedent in Humphrey's Executor v. United States, 295 U.S. 602 (1935). And on December 5, the Court agreed to hear a challenge to President Trump’s birthright citizenship Executive Order, “Protecting the Meaning and Value of the American Citizenship,” which he issued shortly after taking office.
Federal courts of appeals: A divided Third Circuit held that an employee is no longer authorized to access an employer’s computer when the employer rescinds their permission to use it. In another case, the Third Circuit held that the Norris-LaGuardia Act strips federal district courts of jurisdiction to enjoin unfair-labor-practice proceedings, despite an employer’s contention that NLRB members and administrative law judges are unconstitutionally insulated from removal by the President. The decision is at odds with a Fifth Circuit opinion holding that SpaceX’s action to enjoin NLRB proceedings against it did not “grow out” of the underlying labor dispute. Still earlier in the month, the Fourth Circuit, in a case that provided the appeals court with its first opportunity to construe the NLRA’s managerial exception, found that substantial evidence supported the NLRB’s finding that a firearms and tactics instructor was not a “managerial employee” excluded from the Act’s protection against retaliation for engaging in protected concerted activity.
Also of note: On December 18, on the social media platform LinkedIn, EEOC Chair Andrea Lucas shared a post that specifically targeted white male viewers and readers, asking, “Are you a white male who has experienced discrimination at work based on your race or sex?” And on December 12, the Transportation Security Administration (TSA) announced a “new labor framework,” to be implemented in January 2026, intended, among other things, to rescind the TSA’s 2024 labor contract with the American Federation of Government Employees.

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Labor & Employment Law Daily Wrap Up, STRATEGIC PERSPECTIVES—Top labor and employment developments for December 2025, (Jan 6, 2026)

Organizations Mentioned:American Federation of Government Employees | SpaceX

By Jason Albright, J.D.

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

At the Supreme Court: On December 8, the U.S. Supreme Court heard oral a ...

By Jason Albright, J.D.

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

At the Supreme Court: On December 8, the U.S. Supreme Court heard oral argument in Trump v. Slaughter, concerning the reach of the President’s power to remove heads of independent federal agencies, implicating the future viability of the Court’s 90-year-old precedent in Humphrey's Executor v. United States, 295 U.S. 602 (1935). And on December 5, the Court agreed to hear a challenge to President Trump’s birthright citizenship Executive Order, “Protecting the Meaning and Value of the American Citizenship,” which he issued shortly after taking office.
Federal courts of appeals: A divided Third Circuit held that an employee is no longer authorized to access an employer’s computer when the employer rescinds their permission to use it. In another case, the Third Circuit held that the Norris-LaGuardia Act strips federal district courts of jurisdiction to enjoin unfair-labor-practice proceedings, despite an employer’s contention that NLRB members and administrative law judges are unconstitutionally insulated from removal by the President. The decision is at odds with a Fifth Circuit opinion holding that SpaceX’s action to enjoin NLRB proceedings against it did not “grow out” of the underlying labor dispute. Still earlier in the month, the Fourth Circuit, in a case that provided the appeals court with its first opportunity to construe the NLRA’s managerial exception, found that substantial evidence supported the NLRB’s finding that a firearms and tactics instructor was not a “managerial employee” excluded from the Act’s protection against retaliation for engaging in protected concerted activity.
Also of note: On December 18, on the social media platform LinkedIn, EEOC Chair Andrea Lucas shared a post that specifically targeted white male viewers and readers, asking, “Are you a white male who has experienced discrimination at work based on your race or sex?” And on December 12, the Transportation Security Administration (TSA) announced a “new labor framework,” to be implemented in January 2026, intended, among other things, to rescind the TSA’s 2024 labor contract with the American Federation of Government Employees.