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Oral Arguments for the Court of Appeals for the D.C. Circuit
CenturyTel of Montana, Inc. v. NLRB
Oral Arguments for the Court of Appeals for the D.C. Circuit
Oncor Electric Delivery Company LLC v. NLRB
Oral Arguments for the Court of Appeals for the D.C. Circuit
Hospital Menonita de Guayama, Inc. v. NLRB
Oral Arguments for the Court of Appeals for the Fifth Circuit
Hiran Management v. NLRB
Trump is keeping the courts active; this week saw a ruling against many of the widespread tarrifs he has sought to impose, and the Fifth Circuit upheld his dismissal of an NLRB member. Meanwhile, a Fed governor was dismissed, supposedly for cause. And the social media announcements of supposedly impending executive orders imposing voting requirements such as voter ID kept coming. And there's more. We try to keep it all straight for you, identify the constitutional issues, and look at what the Courts might do. Meanwhile, your fantastic response to the impending Born Equal release is noted, appreciated, and we respond to it. CLE credit is available for lawyers and judges from podcast.njsba.com.
Oral Arguments for the Court of Appeals for the Fifth Circuit
Harvard Maintenance v. NLRB
Part 1: Jennifer Abruzzo, former general counsel of the National Labor Relations Board, has outlined an agenda that would transform the American workplace. https://prospect.org/labor/memo-writer-jennifer-abruzzo/Jennifer has left her position at the NLRB, and is now general counsel for one of the largest unions in the US. We discuss the future for unions, and how unions may be the leaders for the resistance to trumpism. Part 2: We talk with John Nichols is the executive editor of The Nation. He previously served as the magazine's national affairs correspondent and Washington correspondent. Nichols has written, cowritten, or edited over a dozen books on topics ranging from histories of American socialism and the Democratic Party to analyses of US and global media systems. His latest, cowritten with Senator Bernie Sanders, is the New York Times bestseller It's OK to Be Angry About Capitalism.We discuss what is ahead for American workers, and what we can all do to mitigate the damage that Trump's actions are doing to the American worker. WNHNFM.ORG productionMusic: David Rovics
Ed Bonderenka is joined by author Joseph Lenard for a discussion of the ramifications on the culture of the Kelce/Swift engagement, more on Labor and the NLRB.Ed discusses his medical condition and reminisces on a Labor Day many years ago.
While Labor Unions are more popular than ever in America, a federal appeals court has ruled the NLRB itself is unconstitutional - which, if upheld, means it's up to the states to do what the NLRB did. Harold Meyerson comments.Also: What is Trump's strategy in deploying the National Guard to LA, then DC, and now probably Chicago and New York? Does he want the military in the streets of blue cities for the midterms next year? They will still elect Democrats to the House. John Nichols comments.Plus: It's time to take a step back from the daily barrage of bad news to look at the big picture of the strategy Trump has been following. David Cole explains how he's exploited the power of the federal government, not just to attack his political opponents in the Democratic Party, but also weaken the institutions of civil society that form the bedrock of democracy.
This week, we're covering four key employer-focused developments: a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board's (NLRB's) authority, another Fifth Circuit decision restoring pregnant worker protections, the White House's reversal of a key non-compete executive order, and a court ruling against the Equal Employment Opportunity Commission's (EEOC's) early right-to-sue policy. NLRB Authority in Jeopardy The Fifth Circuit has ruled that the structure of the NLRB is likely unconstitutional, setting the stage for a potential U.S. Supreme Court review. Epstein Becker Green attorney Erin E. Schaefer tells us more. Fifth Circuit Restores Pregnant Worker Protections The Fifth Circuit also upheld the Pregnant Workers Fairness Act (PWFA), reversing a lower court's preliminary injunction. Employers must now ensure reasonable accommodations for pregnancy-related conditions under the PWFA. White House Rescinds Non-Compete Order The current administration has reversed President Biden's 2021 executive order on expansive antitrust enforcement, signaling a return to a more traditional approach to competition reviews. Court Strikes Down EEOC Right-to-Sue Policy A federal court has ruled against the EEOC's policy of automatically issuing early right-to-sue notices in discrimination cases, limiting the practice and its impact on claimants. - Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw402 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
In the first half of the program we're talking to Michael Szpack about Labor in the Pulpit. We're also talking about the recent 5th circuit decision saying the NLRB is unconstitutional.✦ ABOUT ✦The Valley Labor Report is the only union talk radio show in Alabama, elevating struggles for justice and fairness on the job, educating folks about how they can do the same, and bringing relevant news to workers in Alabama and beyond.Our single largest source of revenue *is our listeners* so your support really matters and helps us stay on the air!Make a one time donation or become a monthly donor on our website or patreon:TVLR.FMPatreon.com/thevalleylaborreportVisit our official website for more info on the show, membership, our sponsors, merch, and more: https://www.tvlr.fmFollow TVLR on Facebook: https://www.facebook.com/TheValleyLab...Follow TVLR on Twitter: @LaborReportersFollow Jacob on Twitter: @JacobM_ALFollow TVLR Co-Creator David Story on Twitter: @RadiclUnionist✦ CONTACT US ✦Our phone number is 844-899-TVLR (8857), call or text us live on air, or leave us a voicemail and we might play it during the show!✦ OUR ADVERTISERS KEEP US ON THE AIR! ✦Support them if you can.The attorneys at MAPLES, TUCKER, AND JACOB fight for working people. Let them represent you in your workplace injury claim. Mtandj.com; (855) 617-9333The MACHINISTS UNION represents workers in several industries including healthcare, the defense industry, woodworking, and more. iamaw44.org (256) 286-3704 / organize@iamaw44.orgDo you need good union laborers on your construction site, or do you want a union construction job? Reach out to the IRONWORKERS LOCAL 477. Ironworkers477.org 256-383-3334 (Jeb Miles) / local477@bellsouth.netThe NORTH ALABAMA DSA is looking for folks to work for a better North Alabama, fighting for liberty and justice for all. Contact / Join: DSANorthAlabama@gmail.comIBEW LOCAL 136 is a group of over 900 electricians and electrical workers providing our area with the finest workforce in the construction industry. You belong here. ibew136.org Contact: (205) 833-0909IFPTE - We are engineers, scientists, nonprofit employees, technicians, lawyers, and many other professions who have joined together to have a greater voice in our careers. With over 80,000 members spread across the U.S. and Canada, we invite you and your colleagues to consider the benefits of engaging in collective bargaining. IFPTE.org Contact: (202) 239-4880THE HUNTSVILLE INDUSTRIAL WORKERS OF THE WORLD is a union open to any and all working people. Call or email them today to begin organizing your workplace - wherever it is. On the Web: https://hsviww.org/ Contact: (256) 651-6707 / organize@hsviww.orgENERGY ALABAMA is accelerating Alabama's transition to sustainable energy. We are a nonprofit membership-based organization that has advocated for clean energy in Alabama since 2014. Our work is based on three pillars: education, advocacy, and technical assistance. Energy Alabama on the Web: https://alcse.org/ Contact: (256) 812-1431 / dtait@energyalabama.orgThe Retail, Wholesale and Department Store Union represents in a wide range of industries, including but not limited to retail, grocery stores, poultry processing, dairy processing, cereal processing, soda bottlers, bakeries, health care, hotels, manufacturing, public sector workers like crossing guards, sanitation, and highway workers, warehouses, building services, and distribution. Learn more at RWDSU.infoThe American Federation of Government Employees (AFGE) is the largest federal employee union proudly representing 700,000 federal and D.C. government workers nationwide and overseas. Learn more at AFGE.orgAre you looking for a better future, a career that can have you set for life, and to be a part of something that's bigger than yourself? Consider a skilled trades apprenticeship with the International Union of Painters and Allied Trades. Learn more at IUPAT.orgUnionly is a union-focused company created specifically to support organized labor. We believe that providing online payments should be simple, safe, and secure. Visit https://unionly.io/ to learn more.Hometown Action envisions inclusive, revitalized, and sustainable communities built through multiracial working class organizing and leadership development at the local and state level to create opportunities for all people to thrive. Learn more at hometownaction.orgMembers of IBEW have some of the best wages and benefits in North Alabama. Find out more and join their team at ibew558.org ★ Support this podcast on Patreon ★
Jennifer Abruzzo was General Counsel to the National Labor Relations Board during the Biden administration. She pioneered changes to help restore the right to organize unions to American workers. Trump […] The post Former NLRB General Counsel Jennifer Abruzzo. She was the best we’ve had and Trump fired her appeared first on KKFI.
Jennifer Abruzzo was General Counsel to the National Labor Relations Board during the Biden administration. She pioneered changes to help restore the right to organize unions to American workers. Trump […] The post Former NLRB General Counsel Jennifer Abruzzo. She was the best we've had and Trump fired her appeared first on KKFI.
The Fifth Circuit says yes to drag shows, but no to workers' rights. Donald Trump loses one fight to keep his dingbat lawyer Alina Habba on as Acting Interim Assistant Special Top Secret Temporary US Attorney for New Jersey, but wins big in a New York appellate court. And multiple courts tell Attorney General Pam Bondi to pound sand, even though she would really, really like to invade the secrecy of the grand jury to try and make everyone forget that her patron and Jeffrey Epstein were best buds. Links: US v. Giraud [challenge to Alina Habba; docket via CourtListener] https://www.courtlistener.com/docket/69409922/united-states-v-giraud-iii/ Trump v. New York [New York Appellate Division] https://nycourts.gov/courts/AD1/calendar/AppsMots/2025/apps/20250821/2023-04925,%20et%20ano..pdf Spectrum WT v. Wendler [5th Cir.] https://www.ca5.uscourts.gov/opinions/pub/23/23-10994-CV0.pdf SpaceX v. NLRB [5th Cir.] https://ecf.ca5.uscourts.gov/n/beam/servlet/TransportRoom?servlet=ShowDocMulti&incPdfHeader=Y&pacer=t&CSRF=csrf_1956458841209811746&incPdfHeaderDisp=Y&caseId=220409&outputType=doc&d=10658064&outputForm=view&incPdfFooter=&dls=7661567 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
Immigrant workers at W&W Dairy in Monroe strike their new owners and the community and organized labor comes out in support, hotel workers at the Hilton-Madison Monona Terrace join UNITE HERE Local 1 in an NLRB certified election with two-thirds of the vote, workers at Mercy Health East represented by UAW Local 95 carry their strike into the seventh week and get support in Madison, Teamsters local 705 is striking Mauser Packaging Solutions in Chicago, striking flight attendants reach an agreement with Air Canada, and US courts are ready to make the National Labor Relations Board unconstitutional.
Have questions? Submit them at hrask.org. Download the key takeaways from this episode: https://tinyurl.com/3ms864kf This week on episode 340, Burt is joined by D.C. insider and legal strategist Jim Plunkett to unpack the DOJ's latest guidance on DEI - and why it's sending shockwaves through HR and compliance departments nationwide. From Title VII implications to the surprising use of the False Claims Act, we're breaking down what the feds are watching and how HR can stay compliant without compromising company values. Tune in and get your questions answered! Timestamps: 00:00 – Opening: Welcome to Episode 340 00:43 – What This Week at Work Delivers for HR & Leaders 01:35 – Guest Introduction: Jim Plunkett joins from Washington, D.C. 03:09 – Lawyer on the Clock: Pregnant Workers Fairness Act ruling in Texas 08:29 – Fifth Circuit decision shakes up NLRB authority 16:21 – Transition to DOJ guidance on DEI practices 17:22 – DOJ guidance explained: Who it applies to and why it matters 23:07 – The False Claims Act as an enforcement tool 26:59 – Four red-flag DEI practices employers must avoid 30:59 – Closing thoughts: Compliance, Title VII, and what's next in DC
Ahead of the central bank's big meeting in Jackson Hole this week, President Trump is ramping up pressure on the Federal Reserve, calling for Fed governor Lisa Cook to resign over accusations of fraud. We'll get into it. And, SpaceX got a win in federal court that could have lasting effects on the power of the National Labor Relations Board. Plus, what makes a good life?"Appeals court says NLRB structure unconstitutional, in a win for SpaceX" from Tech Crunch"The Government Just Made it Harder for The Public to Comment on Regulations" from 404 Media"Trump Says Smithsonian Focuses Too Much on ‘How Bad Slavery Was'" from The New York Times"Trump Considers Firing Fed Official After Accusation of Mortgage Fraud" from The Wall Street Journal"There's a path to a good life beyond happiness and meaning" from The Washington Post We love hearing from you. Leave us a voicemail at 508-U-B-SMART or email makemesmart@marketplace.org.
Ahead of the central bank's big meeting in Jackson Hole this week, President Trump is ramping up pressure on the Federal Reserve, calling for Fed governor Lisa Cook to resign over accusations of fraud. We'll get into it. And, SpaceX got a win in federal court that could have lasting effects on the power of the National Labor Relations Board. Plus, what makes a good life?"Appeals court says NLRB structure unconstitutional, in a win for SpaceX" from Tech Crunch"The Government Just Made it Harder for The Public to Comment on Regulations" from 404 Media"Trump Says Smithsonian Focuses Too Much on ‘How Bad Slavery Was'" from The New York Times"Trump Considers Firing Fed Official After Accusation of Mortgage Fraud" from The Wall Street Journal"There's a path to a good life beyond happiness and meaning" from The Washington Post We love hearing from you. Leave us a voicemail at 508-U-B-SMART or email makemesmart@marketplace.org.
This Day in Legal History: Economic Opportunity ActOn August 20, 1964, President Lyndon B. Johnson signed the Economic Opportunity Act into law, marking a major legal milestone in the federal government's efforts to address systemic poverty. The Act authorized $1 billion to fund a wide range of social programs aimed at improving education, employment, and economic security for low-income Americans. It was the legislative backbone of Johnson's "War on Poverty" and a cornerstone of his broader Great Society agenda.The law created the Office of Economic Opportunity (OEO) to oversee a suite of initiatives, including Job Corps, Head Start, and Volunteers in Service to America (VISTA). These programs sought to address poverty through direct services, job training, and community empowerment rather than traditional welfare.Legally, the Act reflected a dramatic expansion of federal authority in the realm of economic and social rights, shifting the understanding of poverty from a local issue to a national legal and policy concern. It encouraged the formation of Community Action Agencies, which brought poor communities into the policy-making process—a novel approach for federal law at the time.Critics challenged the constitutionality and effectiveness of the programs, with some arguing the Act encroached on states' rights and created administrative overreach. Nonetheless, the Economic Opportunity Act became a model for future federal social legislation.By institutionalizing anti-poverty efforts through law, the Act marked a turning point in American legal and political history. While many of its original provisions have since been revised or repealed, its legacy continues in modern public assistance and education programs.California Republican lawmakers have filed an emergency lawsuit with the state Supreme Court to block Governor Gavin Newsom's redistricting proposal, which would create five new Democratic congressional districts. The GOP legislators argue that the state constitution requires a 30-day review period for new legislation and that Democrats cannot legally move forward with the plan until September 18 unless both legislative chambers approve it by a three-fourths vote. The lawsuit seeks either a ruling on the merits by Wednesday or a temporary halt to the legislative process.Newsom's proposal is intended as a direct response to a controversial redistricting initiative in Texas, championed by Governor Greg Abbott and supported by President Donald Trump, which is expected to yield five new Republican congressional seats. With the GOP holding a narrow 219-212 majority in the U.S. House, the outcome of these redistricting efforts could have significant national political implications ahead of the 2026 midterms.California Democrats aim to pass the redistricting bills by August 22 in order to place the revised maps on a special November ballot. They justify bypassing the state's independent redistricting process, established by voters in 2008, as a necessary emergency countermeasure to what they describe as partisan manipulation in Texas. That state's plan, criticized for potentially disenfranchising minority voters, led to a dramatic walkout by Texas House Democrats. Upon their return, Republican leaders imposed restrictions requiring lawmakers to remain under state police escort during sessions, sparking further protest.California Republicans sue to block Democratic redistricting plan | ReutersA federal appeals court has sided with Elon Musk's SpaceX and two other companies, ruling that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional. The 5th U.S. Circuit Court of Appeals found that laws protecting NLRB board members and administrative judges from being removed at will by the president likely violate the Constitution's separation of powers. The court said these protections improperly restrict the president's authority over the executive branch.This decision is the first from a federal appeals court to challenge the NLRB's structure on these grounds, setting a precedent as similar lawsuits are pending. The ruling blocks the NLRB from continuing enforcement actions against SpaceX, Energy Transfer, and Aunt Bertha while the companies' constitutional challenges proceed. Circuit Judge Don Willett, writing for the panel, stated that the companies should not have to choose between following NLRB procedures and asserting their constitutional rights.The NLRB, an independent agency created by Congress, handles private-sector labor disputes, and its structure was designed to insulate it from political influence. However, this independence is now under scrutiny. The issue gained momentum after President Trump fired Democratic board member Gwynne Wilcox in January—a move that left the board without a quorum and marked the first time a sitting board member had been removed by a president.Musk, once an adviser to Trump, has a separate pending lawsuit against the NLRB related to another dispute. The court's panel consisted entirely of Republican-appointed judges.Musk's SpaceX, others win US court challenge to labor board's structure | ReutersNevada's Chief Justice Douglas Herndon is spearheading an initiative to establish a dedicated business court in the state, aiming to attract companies seeking an alternative to Delaware's Chancery Court. During a public hearing in Las Vegas, Herndon urged the state Supreme Court to approve a commission to draft rules for the new tribunal, which could begin hearing cases as early as 2026. The court would feature judges appointed by the chief justice to four-year terms from a vetted list, with input from legal, governmental, and business stakeholders.Currently, Nevada handles business cases through district courts in Las Vegas and Reno, where judges balance other civil and criminal matters. Herndon said the creation of a specialized court would streamline corporate litigation and provide data to inform future legislative reforms. While a constitutional amendment to establish a fully independent business court is underway, that process will take years. The commission's work would serve as an interim step.This move follows a broader trend of states competing for corporate incorporations. Nevada and Texas are positioning themselves as more business-friendly venues, especially for Big Tech and firms led by controlling shareholders. Companies like Andreessen Horowitz and AMC Networks have already opted to leave Delaware in favor of Nevada. Recent changes in Nevada law now allow companies to waive jury trials via their articles of incorporation, aligning the state more closely with Delaware's procedures.Delaware, while still the leading venue for corporate law, has faced criticism over judicial bias and repetitive judge assignments. In response, it has revised statutes and begun implementing judge rotation. Texas, meanwhile, launched its business court last year and issued its first final judgment in June. Judges there serve two-year terms and juries are allowed in some cases.Nevada's Top Judge Calls for Plan to Craft Business Court RulesInvestors suing Elon Musk over his delayed disclosure of a large Twitter stake in early 2022 are challenging his attempt to use an advice-of-counsel defense while withholding related legal documents. The plaintiffs, led by an Oklahoma firefighters pension fund, argue Musk is employing a “sword and shield” tactic—invoking legal advice to justify his actions while citing attorney-client privilege to avoid releasing relevant evidence.They've asked a federal judge in Manhattan to force Musk to formally declare whether he intends to rely on legal counsel or a good-faith defense before he testifies in late August and early September. If Musk invokes this defense, plaintiffs want access to communications with lawyers from Quinn Emanuel and McDermott Will & Emery, both of which advised Musk around the time he disclosed his 9.2% Twitter stake in April 2022.The lawsuit alleges Musk defrauded shareholders by delaying disclosure, causing them to sell stock at artificially low prices. Musk has denied wrongdoing, stating he misunderstood SEC disclosure rules and acted in good faith once he realized the mistake. Plaintiffs argue that if Musk refuses to share legal advice-related documents, the court should prevent him from using that defense at trial.A similar civil lawsuit by the SEC over the same issue remains pending. The outcome of this discovery dispute could shape the strength of Musk's defense in both cases.Musk's advice-of-counsel defense faces test in Twitter lawsuit | Reuters This is a public episode. 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A federal appeals court handed SpaceX a win on Tuesday, in a ruling that prevents the National Labor Relations Board from prosecuting unfair labor practices against the company. The ruling by the Fifth District Court of Appeals, which suggests the structure of the NLRB is likely unconstitutional, could have far-reaching effects. Also, Meta is rolling out an AI-powered voice translation feature to all users on Facebook and Instagram globally, the company announced on Tuesday. The new feature, which is available in any market where Meta AI is available, allows creators to translate content into other languages so it can be viewed by a broader audience. Learn more about your ad choices. Visit podcastchoices.com/adchoices
Andrew Strom, labor lawyer and adjunct professor at Brooklyn Law School, joined the America's Work Force Union Podcast to discuss the current state of the National Labor Relations Board (NLRB). On today's Labor 131 segment, presented by the National Labor Office of Blue Cross and Blue Shield Association, Tom Suhrbur, author and retired organizer for the Illinois Education Association (IEA), discussed his book "Public Education and Social Reform: A History of the Illinois Education Association."
The National Labor Relations Board (NLRB) has come under increasing criticism, with some accusing it of constantly reversing precedent, especially in cases involving labor policy issues. Professor Sam Estreicher of the NYU School of Law describes this supposed “policy oscillation” as having created unpredictability for employers, unions, and all stakeholders under the Act as to the state of the law under the NLRA. Many have also brought into question the independence of the NLRB, especially after the recent termination by the President of NLRB Member Gwynne Wilcox. The ensuing litigation regarding her termination will ultimately be decided by the Supreme Court.In hopes of remedying the alleged policy oscillation and partisan interference with the Board’s decision-making, Professor Estreicher, Professor David Sherwyn, and G. Roger King have proposed establishing an Article I labor court to replace the five-member National Labor Relations Board. This panel will discuss the current state of the National Labor Relations Board and the potential merits of replacing the Board with an Article I labor court.Featuring:Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of LawRichard F. Griffin, Jr., Of Counsel, Bredhoff & Kaiser PLLC; Former General Counsel, National Labor Relations BoardProf. David Sherwyn, Professor of Law, Cornell University School of Hotel AdministrationGlenn Taubman, Staff Attorney, National Right To Work Legal Defense Foundation(Moderator) G. Roger King, Senior Labor and Employment Counsel, HR Policy Association
After three years the Game Workers Alliance union at Raven Software in Middleton secures its first contract, a representative of UAW Local 95 on strike in Janesville addresses Labor Radio listeners, Teamsters Local 120 inks a contract at Sysco Minnesota and alleges poor bus maintenance support in Madison, the Secretary of the Veterans Administration tears up VA collective bargaining agreements, Madison celebrates the 60th anniversary of the Voting Rights Act, Trump doesn't like the latest Bureau of Labor Statistics numbers so kills the messenger, Machinists at Boeing in Missouri and Illinois go out on strike, Amazon workers will have trouble appealing to the National Labor Relations Board as the board is dragging along without a quorum, and there will be a fundraiser for striking UAW Local 95 workers in Janesville at the Madison Labor Temple on August 15th.
Have questions? Submit them at hrask.org. Click the link below to download your key takeaways from this episode: https://tinyurl.com/mv96xx68 Boeing's union strike is making national headlines but what does it mean for the rest of us? Phil and Burt unpack the strike, share lessons from inside the negotiation room, and explore how employers can build trust, improve morale, and stay union-optional. Whether you're unionized or not, this episode is a must-listen for HR pros and business leaders alike. 00:00 – Intro & Teaser: Boeing Strike & Unions 01:04 – Live from Missouri SHRM Conference 03:52 – Lawyer on the Clock: EEOC, NLRB, & Political Gridlock 09:50 – Illinois' New Paid Nursing Break Law 12:32 – Court Revives Religious Rights vs. Gender Identity Case 19:08 – Burning Questions: Are You Missing Union Red Flags? 21:46 – Forced Overtime: A Unionization Trigger? 25:59 – How Unionization Impacts Business Costs 27:36 – Supervisor Training: The Ultimate Union Prevention Tool
The National Labor Relations Act recently turned 90 years old, but there appear to be a series of new “what's old is new again” challenges to the constitutionality of National Labor Relations Board's powers, a replay of arguments harking back to the New Deal. Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president's power over the board. The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades. But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president's power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again. Mentioned in This Episode: “Relitigating the New Deal: The Stakes of Current Constitutional Challenges to the NLRB” by Diana Reddy, Duke University, Labor National Labor Relations Act “Is the NLRB Unconstitutional? The Courts May Finally Decide, by Alexander T. MacDonald, Federalist Society “National Labor Relations Board v. Jones & Laughlin Steel Corporation,” Oyez “Space Exploration Technologies Corp. v. National Labor Relations Board,” Justia “Donald J. Trump, President Of The United States, Et Al. V. Gwynne A. Wilcox, Et Al. On Application For Stay,” U.S. Supreme Court National Labor Relations Board Equal Employment Opportunity Commission ABA Labor and Employment Law Section ABA Labor and Employment Law events Learn more about your ad choices. Visit megaphone.fm/adchoices
This week, we look at the potential restoration of a quorum at the National Labor Relations Board (“NLRB” or “Board”), the U.S. Department of Labor's (DOL's) deregulatory initiatives, and lessons from a high-profile workplace incident at a Coldplay concert. NLRB May Regain Quorum Lacking a quorum, the NLRB is currently unable to issue decisions affecting workplace policies and disputes. On July 17, 2025, President Trump nominated two Republicans to fill vacant seats on the Board. Senate confirmation of the nominees is required to restore the Board's authority and ensure continued guidance for employers. DOL Begins Deregulation Push The DOL's deregulatory agenda could reshape compliance priorities for employers. Plans include 63 actions to roll back regulations and align with federal mandates. Coldplay Concert Exposes Workplace Romance A viral “kiss cam” moment at a recent Coldplay concert led to the resignations of a CEO and a Chief People Officer and heightened legal exposure for their company. This is a reminder that employers must implement and consistently enforce relationship policies to prevent risk and uphold workplace credibility. -- Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw398 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The ghost of Jeffrey Epstein continues to haunt Donald Trump, so he sent his attorney Todd Blanche to Florida to visit Ghislaine Maxwell for an exorcism. Despite the Supreme Court's valiant efforts, lower courts are still refusing to let the Trump administration un-person children of immigrants. And Alina Habba is back in her office at the US Attorney's office in New Jersey pretending to be a real prosecutor. Links: Ghislaine Maxwell SCOTUS Docket https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-1073.html Trump v. Murdoch Docket https://www.courtlistener.com/docket/70843413/trump-v-murdoch/?order_by=desc New Jersey v. Trump Docket https://www.courtlistener.com/docket/69561497/state-of-new-jersey-v-trump Federal Vacancies Reform Act https://www.law.cornell.edu/uscode/text/5/part-III/subpart-B/chapter-33/subchapter-III 28 USC 546 https://www.law.cornell.edu/uscode/text/28/546 NLRB v. SW General, 580 U.S. 288 (2017) https://scholar.google.com/scholar_case?case=10679305642695926350 Biden v. Byrne Docket https://www.courtlistener.com/docket/67990012/parties/robert-hunter-biden-v-patrick-m-byrne/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod
The podcast show we are releasing this week focuses generally on the so-called “Unitary Executive Theory” and specifically on the legality of President Trump firing without cause the Democratic Commissioners of the Federal Trade Commission and the members of other independent agencies, despite language in the governing statutes that prohibit the President from firing a member without cause and a 1935 Supreme Court opinion in Humphrey's Executor holding that the firing of an FTC Commissioner by the President is unlawful if done without cause. Our guest is Patrick Sobkowski who teaches constitutional law, courts and public policy, and American politics at Marquette University. His scholarship focuses on constitutional and administrative law, specifically the administrative state and its relationship to the other branches of government. Our show began with an explanation of the “Unitary Executive Theory” which is defined as a constitutional law theory according to which the President has sole authority over the executive branch including independent federal agencies. It is based on the so-called “vesting clause “of the Constitution which vests all executive power in the President. The theory often comes up in disagreements about the president's ability to remove employees within the executive branch (including Federal agencies); transparency and access to information; discretion over the implementation of new laws; and the ability to control agencies' rule-making. There is disagreement about the doctrine's strength and scope. More expansive versions are controversial for both constitutional and practical reasons. Since the Reagan Administration, the Supreme Court has embraced a stronger unitary executive, which has been championed primarily by its conservative justices. We then discussed a litany of Supreme Court opinions dealing with the question of whether the President has the unfettered right to remove executive agency employees: a. Myers v. US (1926) b. Humphrey's Executor (1935) c. Morrison v. Olson (1988) d. Seila Law (2020) We then discussed Trump's removals of the Democratic members of the National Labor Relations Board and Merit Systems Protection Board and the Supreme Court's opinion and order staying the lower court's order that the removals were unlawful. In addition to casting doubt on the continued viability of Humphrey's Executor, the Court included dicta to the effect that the logic of its opinion about the NLRB and the MSPB would not apply to the Federal Reserve Board because the Fed is not really an executive agency and that its functions are more akin to the functions performed by the First Bank and Second Bank of the United States. Alan Kaplinsky, the founder and former practice group leader for 25 years and now Senior Counsel of the Consumer Financial Services Group hosted the podcast. The podcast recording is here.
Oral Arguments for the Court of Appeals for the Third Circuit
PG Publishing Co Inc v. NLRB
Roger King, Senior Labor and Employment Counsel at the HR Policy Association, joins David to discuss the latest on the National Labor Relations Board (NLRB). Their conversation covers a range of topics from key developments impacting the NLRB, the latest on nominees and vacancies for the NLRB, and Roger's proposal to create a new Federal labor court to resolve NLRA disputes.Contact Fortney & Scott: Tweet us at @fortneyscott Follow us on LinkedIn Email us at info@fortneyscott.com Thank you for listening! https://www.fortneyscott.com/
Adminsitrative Law: May members of the NLRB be given for-cause removal protections? - Argued: Thu, 12 Jun 2025 13:11:11 EDT
Oral Arguments for the Court of Appeals for the Eighth Circuit
Midwest Division-RMC, LLC v. NLRB
On May 30, 2025, the DOL moved to eliminate the OFCCP, shifting key enforcement duties to other agencies. At the same time, the DOL has launched a new opinion letter program, expanding access beyond the Wage and Hour Division. Employers must navigate these changes while maintaining compliance with federal, state, and local anti-discrimination laws. Epstein Becker Green attorneys Kim Carter and Paul DeCamp provide their insights into these shifts and their likely future impact on employers. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw393 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Oral Arguments for the Court of Appeals for the Eighth Circuit
Home Depot U.S.A. v. NLRB
In the latest episode of Working People, we go back to the picket line to get a critical update on the longest ongoing strike in the United States. In October 2022, over 100 workers represented by five labor unions—including production, distribution, advertising, and accounts receivable staff—walked off the job on an unfair labor practice strike at the Pittsburgh Post-Gazette (PPG). The strike began after the newspaper's management, Block Communications, which is owned by the Block family, cut off health insurance for employees on Oct. 1. After more than 2.5 years on strike, with other unions reaching contracts or taking buyouts and dissolving their units, workers represented by the Newspaper Guild of Pittsburgh are the last remaining strikers holding the line. We speak with a panel of union officers for the Newspaper Guild of Pittsburgh about how they've managed to stay on strike so long and about recent legal updates that have given them hope that an acceptable end to the strike may be on the horizon. Panelists include: Ed Blazina, striking transportation writer at the PPG and one of the Vice Presidents of the Newspaper Guild of Pittsburgh; Erin Hebert, also one of the Vice Presidents of the Newspaper Guild of Pittsburgh and a striking copy-editor and page designer at PPG; Emily Matthews, photographer on strike and treasurer for the Post-Gazette Unit of the Newspaper Guild of Pittsburgh. Additional links/info: Pittsburgh Union Progress website, Facebook page, X page, and InstagramDonate to Support Striking Pittsburgh Post-Gazette WorkersMaximillian Alvarez, The Real News Network, “TRNN wins 2025 Izzy Award for coverage of East Palestine, OH, trainwreck & chemical disaster”Bob Batz Jr., Pittsburgh Union Progress, “The strike is over for 3 Pittsburgh news production unions, but the journalists' strike continues”Ian Karbal, Pennsylvania Capital Star, “The strike at the Pittsburgh Post-Gazette is now the longest in the nation. And it's not over”Mel Buer, Working People / The Real News Network, “Two years into a strike, Pittsburgh Post-Gazette workers aren't ready to give up”Bob Batz Jr. & Steve Mellon, Pittsburgh Union Progress, “A start to the end of the strike? Feds file for temporary injunction to return Pittsburgh news unions to work”Brett Wilkins, Common Dreams / The Real News Network, “‘AI will not scab us': Post-Gazette newsroom decries use of artificial intelligence”Maximillian Alvarez, The Real News Network, “(Livestream) After months of striking, media workers aren't backing down”Maximillian Alvarez, The Real News Network, “(Livestream) Strikes at Pittsburgh Post-Gazette, University of Michigan, and more”Maximillian Alvarez, Working People / The Real News Network, “The Pittsburgh Post-Gazette's half-year strike”Permanent links below…Leave us a voicemail and we might play it on the show!Labor Radio / Podcast Network website, Facebook page, and Twitter pageIn These Times website, Facebook page, and Twitter pageThe Real News Network website, YouTube channel, podcast feeds, Facebook page, and Twitter pageFeatured Music…Jules Taylor, “Working People” Theme SongAudio Post-Production: Jules TaylorHelp us continue producing radically independent news and in-depth analysis by following us and becoming a monthly sustainer.Sign up for our newsletterLike us on FacebookFollow us on TwitterDonate to support this podcast
Andrew and Mary launch this week's episode by digging into the details on some of the latest acts of retribution coming out of the Trump administration as Trump targets Harvard, the Jenner & Block law firm gets a decision and Rep. LaMonica McIver gets charged with assault. Afterwards, they review a preliminary decision from the Supreme Court to stay a DC District Court's injunction that paused the firing of Gwynne Wilcox from the National Labor Relations Board, as well as Cathy Harris from the MSPB governing board while they challenge their removals. And lastly, Andrew and Mary get listeners up to speed on the O.C.G. case and the DOJ's continued defiance of Judge Murphy's TRO regarding extractions of migrants to countries they have no ties to.Further listening: HERE is a clip of Rep LaMonica McIver responding to the charges against her.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Donate (no account necessary) | Subscribe (account required) Join Bryan Dean Wright, former CIA Operations Officer, for The Wright Report: Friday Headline Brief—heavy on news, light on analysis—bringing you the top stories shaping America and the world. Supreme Court Expands Presidential Power Over Federal Agencies – In a landmark decision, the Court rules Trump can fire appointees from “independent” agencies like the NLRB, reshaping executive authority and possibly opening the door to major reforms—including spending control. Trump's Budget Bill Passes the House—Markets Shudder – The “Big, Beautiful Bill” narrowly clears the House, cutting green subsidies and boosting border spending. But the $3T in new debt spooks bond markets and sets up a GOP clash in the Senate. China Deemed Greatest Threat in U.S. History – CIA Deputy Director calls China the top existential threat America has ever faced. Despite this, Trump's tariff rollbacks continue as U.S. companies scramble with rising supply chain costs. Retailers React to Tariffs: Walmart Warns of Price Hikes, Target Stays Quiet, Nike Raises Prices – As stacked tariffs hit, companies split on their messaging. Trump urges retailers to “eat it”—the costs, that is. Tucker Carlson Calls Trump Middle East Dealings ‘Corrupt' – On his podcast, Carlson agrees with guest Shawn Ryan that Trump's Qatar jet gift and real estate ventures abroad “seem like corruption.” The White House has yet to respond. Disney, Harvard Face Trump's Immigration Crackdown – Disney places Venezuelan workers on unpaid leave, and Trump's DHS revokes Harvard's right to host international students over ties to anti-Semitic and pro-communist activity. Putin Rejects Ukraine Peace Deal, Trump Pulls Back – After a call with Putin, Trump begins stepping back from negotiations. Vance says it's time to recognize this as “Biden's war.” France and Saudi Arabia Push Hamas to Disarm – With Hamas leadership decimated, new talks aim to shift the group to a political role only. Meanwhile, a U.S. Leftist kills two Israeli diplomats in DC, further inflaming tensions. China Eyes Diego Garcia, Trump Approves UK Transfer – Beijing-linked satellite images of U.S. forces raise alarms. Trump backs a UK deal transferring island sovereignty to pro-China Mauritius, baffling allies. Taiwan Ramps Up Drone Defenses Against Invasion Threat – The island nation forms its first military drone units to reinforce deterrence against a Chinese invasion. Medical Science: Vitamin D3 Slows Aging; Spicy Food Curbs Calories – New studies show vitamin D3 reduces telomere shortening, while spicy food could help reduce calorie intake and fight obesity. "And you shall know the truth, and the truth shall make you free." – John 8:32
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Tom Davis (shareholder, Nashville) and Tom Stanek (shareholder, Phoenix)—both of whom are chairs of the firm's Traditional Labor Relations Practice Group—are joined by Sara E. Olschewske (shareholder, Greenville) to provide the latest updates from the National Labor Relations Board (NLRB). Our speakers reflect on the NLRB under the former administration, when the agency overruled significant precedent and created new rules, most of which dramatically favored labor unions—and how the change in administration has created the opportunity to appoint a new general counsel and two new Board members. The panel also offers insights into what lies ahead for employers in light of the changes brought by the new administration and, in particular, what changes new leadership at the agency may bring to the NLRB and how quickly changes will be implements, and how will they impact employers.
In part one of this two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) sits down with Scott Kelly (shareholder, Birmingham) to discuss the current status and challenges faced by federal contractors following changes at the Office of Federal Contract Compliance Programs (OFCCP) due to President Trump's Executive Order 14173, including the revocation of EO 11246, compliance options, and ongoing obligations under federal anti-discrimination laws. Next, Jim speaks with John Merrell (shareholder, Greenville) regarding expected changes in traditional labor policy, including the makeup of the National Labor Relations Board (NLRB), the role of the general counsel, and the NLRB's case priorities, standards, and decisions. Finally, Jim talks with Wayne Pinkstone (shareholder, Philadelphia) about anticipated changes within the Occupational Safety and Health Administration (OSHA) during President Trump's second term, including the administration's regulatory agenda, the fate of the heat stress rule proposed under the previous administration, and the overall leadership and enforcement of the agency.
Trump sells his tariff agenda as a jobs boom for American workers — but it's a smokescreen for a global attack on labor. At home, new factories are routed to anti-union states, while Trump's appointees quietly dismantle the NLRB to block worker organizing. Abroad, tariffs target export economies like China, Vietnam, and Bangladesh, fueling layoffs and driving down wages to benefit U.S. corporate margins. It's a calculated campaign to suppress labor power worldwide. But the chaos it's unleashed — from domestic legal battles to global economic disruption — suggests the plan may be backfiring. Even some of Trump's allies are starting to question whether the madness is strategic… or just madness.
Andrew Bakaj, Chief Legal Counsel at Whistleblower Aid, joins Kevin Frazier, AI Innovation and Law Fellow at Texas Law and Contributing Editor at Lawfare, to discuss a declaration by a National Labor Relations Board employee Daniel Berulis that DOGE facilitated the exfiltration of potentially sensitive information to external sources. The two also analyze the merits of whistleblower protections more generally.Read more about the declaration here: https://www.npr.org/2025/04/15/nx-s1-5355896/doge-nlrb-elon-musk-spacex-securityFor a copy of the letter penned by several members of Congress, go here: https://www.npr.org/2025/04/24/nx-s1-5375118/congress-doge-nlrb-whistleblowerTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.
Leslie is joined by Megan Salrin and Jimmy O'Donnell of the United Steelworkers (USW). The trio analyzes why workers need a Pro-Labor National Labor Relations Board (NLRB). In one of his early acts as president, Donald Trump not only fired National Labor Relations Board General Counsel Jennifer Abruzzo but also removed NLRB member Gwynne Wilcox. Firing Wilcox upended nearly 90 years of Supreme Court caselaw and left the NLRB unable to perform its vital mission of upholding workers' rights. So what is the NLRB, and why do workers depend on it to ensure they have a voice on the job? The NLRB is an independent federal agency tasked with safeguarding workers rights in a number of ways. - It oversees union elections – and ensures that employers abide by the law when workers seek to organize. - It also prevents and remedies unfair labor practices, again ensuring that workers are free to engage in concerted activity and access their rights under the National Labor Relations Act. The NLRB is headquartered in Washington, D.C., and has 26 different Regional Offices. - There are five seats on the Board, which are filled through presidential nomination and then Senate confirmation. - The members serve five-year terms, and the terms are staggered so that one seat is supposed to be open each year – though delays can cause vacancies to occur. The NLRB shapes labor law in several ways including by issuing decisions on cases, which sets national precedent, and by issuing rule making. - Because the president nominates members to the board, they have the ability to influence how it operates based on their priorities. - Pro-worker presidents traditionally appoint members who take the job to enforce workers rights' seriously while pro-corporate leadership effectively limits workers' ability to form unions and collectively bargain. - Under the previous administration, for example, the NLRB made key advances when it came to leveling the playing field for workers, such as banning the captive audience meetings employers too often used to try to thwart union elections. Currently, the board is down to just two members, which means it does not have a quorum and cannot make decisions or enforce labor laws. That means: - Workers facing unfair treatment—like illegal firings, intimidation, or bad-faith bargaining—could be left waiting months or even years for justice. - Striking and organizing workers will have fewer protections. - Employers who break the law may get away with it if cases can't be heard. - Furthermore, this upheaval has emboldened greedy corporations looking to block workers from exercising their rights. - For example, Whole Foods (which is owned by Amazon) is arguing that they will not recognize a union formed in January because of the lack of quorum at the Board. An NLRB member can only be fired for serious misconduct—like neglecting their job or breaking the rules. No President has ever fired a Board member like this before, and there does not appear to be any valid reason to remove Wilcox. - Wilcox filed a lawsuit in response to her firing. While a DC District Court judge ruled in her favor and reinstated her, her case has gone through a number of appeals and is now headed to the Supreme Court, which recently once again removed her from her position until it can rule on the merits of the lawsuit. - Oral arguments are due to begin on May 16, which means between now and then the board is again hobbled. As more and more workers signal that they want the protections of a union contract it's essential that we have a labor board that takes its job seriously. - This means allowing members like Wilcox to finish their terms. - And pushing our elected leaders to nominate and confirm qualified members who will take the job of protecting workers seriously. Megan Salrin is the National Coordinator for the United Steelworkers' Rapid Response program, the union's nonpartisan initiative for education, communication, and action on legislative and policy issues affecting USW members. Before this role, she served in USW's Legislative and Policy Department and worked for several Members of Congress from the Midwest. Jimmy O'Donnell is a Legislative Representative for the USW, where he advocates for pro-worker policies related to labor rights, workplace health and safety, clean energy manufacturing, and workforce development. Previously, Jimmy spent several years working at the Brookings Institution in Washington, D.C. Follow the USW on Facebook, Instagram and X, using the handle @steelworkers, and visit their website at USW.org. Also, check them out on Blue Sky where their handle is @steelworkers.bsky.social.
Today's Headlines: A tragic shooting at Florida State left two dead and six injured after a 20-year-old suspect, reportedly the son of a sheriff's deputy, opened fire outside the student union with one of her weapons. In court news, a federal panel ordered Trump officials to testify under oath about the deportation of Kilmar Abrego Garcia, blasting their claim that they can't bring him back as an insult to basic American freedoms. California is suing the Trump administration over its sweeping tariffs, saying the economic “emergency” excuse doesn't hold water—and that the state's manufacturing industry is bearing the brunt. Trump also seems eager to fire Fed Chair Jerome Powell for not cutting interest rates, despite warnings it could crash the markets (and be unconstitutional). Meanwhile, the IRS is eyeing Harvard's tax-exempt status after the university refused to play ball with the administration's demands. And a whistleblower claims DOGE engineers hacked into the NLRB, leaked sensitive labor and legal data, and left a creepy, drone-snapped threat at his door when he tried to speak up. Resources/Articles mentioned in this episode: NBC News: Florida State shooting live updates: 2 dead, sheriff's deputy's son in custody AP News: Appeals court calls Trump officials defiance over Abrego Garcia 'shocking' NBC News: California sues the Trump administration over the president's sweeping tariffs Politico: Bessent privately urges caution as Trump attacks Powell The Guardian: IRS reportedly planning to revoke Harvard's tax-exempt status NPR: A whistleblower's disclosure details how DOGE may have taken sensitive labor data Morning Announcements is produced by Sami Sage alongside Bridget Schwartz and edited by Grace Hernandez-Johnson Learn more about your ad choices. Visit megaphone.fm/adchoices
The CVE program gets a last-minute reprieve. A federal whistleblower alleges a security breach at the NLRB. Texas votes to spin up their very own Cyber Command. BreachForums suffers another takedown. A watchdog group sues the federal government over SignalGate allegations. The SEC Chair reveals a 2016 hack. ResolverRAT targets the healthcare and pharmaceutical sectors worldwide. Microsoft warns of blue screen crashes following recent updates. On our CertByte segment, Chris Hare is joined by Troy McMillan to break down a question targeting the EC-Council® Certified Ethical Hacker (CEH) exam. 4chan gets Soyjacked. Remember to leave us a 5-star rating and review in your favorite podcast app. Miss an episode? Sign-up for our daily intelligence roundup, Daily Briefing, and you'll never miss a beat. And be sure to follow CyberWire Daily on LinkedIn. CertByte Segment Welcome to CertByte! On this bi-weekly segment hosted by Chris Hare, a content developer and project management specialist at N2K. In each segment, Chris is joined by an N2K Content Developer to help illustrate the learning. This week, Chris is joined by Troy McMillan to break down a question targeting the EC-Council® Certified Ethical Hacker (CEH) exam. Today's question comes from N2K's EC-Council Certified Ethical Hacker CEH (312-50) Practice Test. Have a question that you'd like to see covered? Email us at certbyte@n2k.com. If you're studying for a certification exam, check out N2K's full exam prep library of certification practice tests, practice labs, and training courses by visiting our website at n2k.com/certify.To get the full news to knowledge experience, learn more about our N2K Pro subscription at https://thecyberwire.com/pro. Please note: The questions and answers provided here, and on our site, are not actual current or prior questions and answers from these certification publishers or providers. Selected Reading Funding Expires for Key Cyber Vulnerability Database (Krebs on Security) CISA extends funding to ensure 'no lapse in critical CVE services' (Bleeping Computer) CVE Foundation (CVE Foundation) NoVa govcon firm Mitre to lay off 442 employees after DOGE cuts contracts (Virginia Business) Federal employee alleges DOGE activity resulted in data breach at labor board (NBC News) Whistleblower claims DOGE took sensitive data - now he's being hounded by threatening notes (CNN via YouTube) New state agency to deal with cyber threats advances in Texas House (Texarkana Gazette) BreachForums taken down by the FBI? Dark Storm hackers say they did it “for fun” (Cybernews) Here's What Happened to Those SignalGate Messages (WIRED) After breach, SEC says hackers used stolen data to buy stocks (CNET) New ResolverRAT malware targets pharma and healthcare orgs worldwide (Bleeping Computer) Microsoft warns of blue screen crashes caused by April updates (Bleeping Computer) Infamous message board 4chan taken down following major hack (Bleeping Computer) Share your feedback. We want to ensure that you are getting the most out of the podcast. Please take a few minutes to share your thoughts with us by completing our brief listener survey as we continually work to improve the show. Want to hear your company in the show? You too can reach the most influential leaders and operators in the industry. Here's our media kit. Contact us at cyberwire@n2k.com to request more info. The CyberWire is a production of N2K Networks, your source for strategic workforce intelligence. © N2K Networks, Inc. Learn more about your ad choices. Visit megaphone.fm/adchoices
The National Labor Relations Board protects workers' right to organize and investigates unfair labor practices. A whistleblower complaint filed by an IT staffer claims Elon Musk and his DOGE team gained access to sensitive data that could have led directly to a “significant cybersecurity breach.” Amna Nawaz discussed more with NLRB whistleblower Daniel Berulis and attorney Andrew Bakaj. PBS News is supported by - https://www.pbs.org/newshour/about/funders
Tuesday, April 8th, 2025Today, stocks take another dive as the Trump regime plays fast and loose with tariffs; the en banc panel for the DC Circuit Court of Appeals has reinstated Cathy Harris and Gwynne Wilcox to their jobs at the NLRB and MSRP; the North Carolina Supreme Court has temporarily blocked a lower court ruling requiring 65,000 people to cure their ballots; NIH researchers have made a cancer breakthrough but layoffs are delaying it; a second unvaccinated child has died of measles and RFK Jr uses it as an opportunity for a photo op; the Trump administration is planning on spending $45M on immigrant detention; Trump is planning a giant North Korean style military parade on his birthday; and the 4th Circuit Court of Appeals REFUSED to pause an order forcing the Trump admin to return Maryland father Kilmar Abrego Garcia back to the U.S. before midnight tonight; and Allison and Dana deliver your Good News.Thank You, Helix Sleep20% Off Sitewide when you go to HelixSleep.com/dailybeans.Thank You, IQBAR20% off all IQBAR products. Text dailybeans to 64000. Message and data rates may apply. See terms for details. Guest: Bobby Kogan@bbkogan - BlueSkyBobby Kogan - Center for American ProgressStories:Supreme Court delays midnight deadline for Trump administration to fix mistaken deportation of Maryland man | ABC NewsStock Market Volatility Hits 5-Year High As Wall Street Grapples With ‘Manmade' Tariff Problem | ForbesBessent flew to Florida to lobby Trump on tariff message - POLITICON.C. Supreme Court halts decision requiring verification of 65,000 votes in tight judicial race | NBC NewsNIH scientists have a cancer breakthrough. Layoffs are delaying it. | The Washington PostAppeals court halts Trump independent agency firings, spurring Supreme Court battle | The HillRFK Jr. visits Texas after second child dies of measles amid outbreak | The Washington PostTrump Administration Aims to Spend $45 Billion to Expand Immigrant Detention - The New York TimesTrump planning military parade through DC for 79th birthday | The HillGood Trouble:The Heritage Foundation DOGE Survey Federal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Check out other MSW Media podcastsShows - MSW MediaCleanup On Aisle 45 podSubscribe for free to MuellerSheWrote on SubstackThe BreakdownFollow AG and Dana on Social MediaAllison Gill Substack|Muellershewrote, BlueSky|@muellershewrote, Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, Twitter|@MuellerSheWroteDana GoldbergBlueSky|@dgcomedy, IG|dgcomedy, facebook|dgcomedy, danagoldberg.com, Twitter|@DGComedyShare your Good News or Good Trouble:dailybeanspod.com/goodFrom The Good News50501 South Dakota hosts ‘Hands Off' protests around the state | Dakota News NowBlue.Wing.Things to do in Case of COUP | YouTubeReminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! Federal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen.Share your Good News or Good Trouble:https://www.dailybeanspod.com/good/ Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, BlueSky|@muellershewrote , Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, Twitter|@MuellerSheWrote,Dana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts
Funday Monday! Today, Emma is joined by Matt Bruenig to talk about the state of the economy and trade. https://mattbruenig.com/ Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Follow us on TikTok here!: https://www.tiktok.com/@majorityreportfm Check us out on Twitch here!: https://www.twitch.tv/themajorityreport Find our Rumble stream here!: https://rumble.com/user/majorityreport Check out our alt YouTube channel here!: https://www.youtube.com/majorityreportlive Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! https://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: https://majority.fm/app Go to https://JustCoffee.coop and use coupon code majority to get 10% off your purchase! Check out today's sponsors: Express VPN: Secure your online data TODAY by visiting https://ExpressVPN.com/majority. That's https://ExpressVPN.com/majority and you can get an extra four months FREE. Cozy Earth: Luxury Shouldn't Be Out of Reach. Visit https://CozyEarth.com/MAJORITYREPORT and use my exclusive code MAJORITYREPORT for up to 40% off Cozy Earth's best-selling sheets, towels, pajamas, and more. That's https://CozyEarth.com/MAJORITYREPORT. And if you get a post-purchase survey, tell them you heard about Cozy Earth right here. Sanctuary awaits at Cozy Earth. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattLech @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/
Monday, March 31st, 2025Today, we're just hours away from the Wisconsin Supreme Court election which will decide the balance of the highest court in the state; law firm Skadden Arps gives $100M in free legal services; the plaintiffs in the Alien Enemies Act case have filed a motion for a preliminary injunction as Judge Boasberg extends his temporary restraining orders; the Trump administration is looking to gut funding to combat child labor abroad; Wisconsin Attorney General Josh Kaul is shot down by the courts after suing to stop Elon from buying votes; RFK Jr is gutting the vaccine promotion and HIV prevention office at HHS after forcing out the FDA's top vaccine scientist; Amy Berman, Judge Jackson if you're nasty, has blocked the dismantling of the Consumer Financial Protection Bureau; Pete Hegseth hired his brother and then brought his wife to sensitive Pentagon meetings; an appeals court says that Trump CAN fire members of the NLRB and MSPB and plaintiffs Wilcox and Harris are going to seek an en banc reversal; DOGE plans to rebuild the Social Security Administration's code base; thousands turn out for the Tesla Takedown protests over the weekend; a piece on how to think like a dissident; and Allison delivers your Good News.*A previous version of this episode included an interview with Swing Left's Executive director Yasmin Radjy. That interview was meant to run on Thursday. For more about Swing Left and their upcoming 3 to Win campaign check out SwingLeft.org on April 3rd. Thank You, HomeChefGet 18 Free Meals, plus Free Shipping on your first box, and Free Dessert for Life, at HomeChef.com/DAILYBEANS. Must be an active subscriber to receive free dessert.Stories:The ACLU Has Filed for a Preliminary Injunction in the Alien Enemies Act Case | MuellerSheWroteFederal judge halts Trump administration's policy of deportation to third countries | Miami HeraldFederal judge blocks mass firings of Consumer Financial Protection Bureau workers | CBS NewsJudge blocks Trump executive order targeting law firm tied to Mueller probe | CNN PoliticsTrump administration moves to cut programs that fight child labor abroad | The Washington PostAppeals court clears way for Trump to fire members of labor and workforce protection boards | CBS NewsThe top FDA vaccine official is forced out, cites RFK Jr.'s 'misinformation and lies' | NPRRFK Jr. to gut vaccine promotion and HIV prevention office, sources say | CBS NewsDOGE Plans to Rebuild SSA Code Base in Months, Risking Benefits and System Collapse | WIREDHegseth's younger brother is serving in a key role as liaison and senior adviser inside the Pentagon | AP NewsHow to Think (and Act) Like a Dissident Movement | The BulwarkGood Trouble: The American Psychological Association just suspended their diversity standards under pressure from the Trump admin. Fuck that shit. I wrote a letter to the APA telling them that I am suspending my membership until they reverse this capitulation to fascism and dumb anti-science bull shit. Good trouble for everyone: write or call the American Psychological Association and tell them that diversity is crucial to mental health.Mailing address:American Psychological Association750 First Street, NEWashington, DC 20002-4242Telephone: (800) 374-2721 or (202) 336-5500Trump and Musk are attempting an illegal power grab is a crisis we must stop. HandsOff2025.comFederal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. From The Good NewsSocial Security Fairness Act: Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) update | sea.govDancing Well: The Soldier ProjectFrom Seattle to Miami, anti-Musk protesters gather at hundreds of Tesla locations | NPRVocational Rehabilitation Program - Texas Workforce CommissionReminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! Federal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen.Share your Good News or Good Trouble:https://www.dailybeanspod.com/good/ Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, Twitter|@MuellerSheWrote, Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, BlueSky|@muellershewroteDana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts
It's Wednesday! Sam welcomes Joel Lava from Tesla Takedown and Mase Veney, an organizer from the Philly Whole Foods Union. First, Sam runs through updates on the Trump Administration's Signal scandal over their accidental leaking of war plans, the Supreme Court's affirmation of Biden's ghost gun regulations, Pennsylvania's special election, the HHS's anti-vaxxer-headed study on autism, trickling details about the legal status of certain Venezuelans renditioned to El Salvador, Trump/Musk's plan to lay off thousands from the Treasury, the Senate GOP's budget, JD Vance's visit to Greenland, SpaceX's secret Chinese backers, and Trump's nomination for Social Security head, before diving into some of the biggest updates to the Trump team's Signal scandal with the full release of messages after Tusli Gabbard's claim that there was “no classified” information in the chat. Joel Lava then joins, diving right into the idea behind the wildly successful “Tesla Takedown” protests in attempting to undercut the overwhelming political power by hitting at its root: his massive wealth tied up in Tesla stocks. After expanding on the greater anti-Trump roots of this, Lava and Sam unpack the protests' goals and how far the stock would have to fall to really screw over Elon's business ventures, wrapping up with how you can join a protest near you – or even start your own! Mase Veney then dives into his personal history working at Whole Foods in Philadelphia, the initial bonding between coworkers over their shared experiences of mistreatment and the company's exploitation of the power imbalance, and the rapid evolution of the organizing process once he and his coworkers realized the overwhelming support the idea of unionization already had, quickly moving to work with United Food & Commercial Workers International to capitalize on their institutional knowledge of organizing within the grocery industry. After expanding on the important role UFCW played in helping them win the union vote with a strong majority, Veney and Sam shift into the Trump era, as they unpack how the company's refusal to recognize the union is bolstered by a neutered NLRB and a hostile Trump Administration, before wrapping up the interview by emphasizing the continuing campaign to keep the all coworkers invested in the fight, and how those of us outside can support the effort! And in the Fun Half: Sam watches MIke Walz try to sidestep questions about his Signal scandal from an incredulous Laura Ingraham, Senator Elizabeth Warren evicerates Trump's Social Security nominee and their relationship to DOGE, and Donald Trump shouts out the real one Chuck Schumer. Lis from California shares his perspective as a DACA recipient, and Kowalski from Nebraska unpacks Trump's terrible tariffs. Sam also watches Tim Pool and Co. go insane at the morally consistent belief in due process for all, and jumps off some criticism from the Pod Save guys as he espouses the need to unite pro-democracy and economic populist messaging. Tammy from Montreal explores a major win for Canada's indigenous communities, Nathan from Illinois talks organized religion and authoritarianism, and the MR Team dissects early results out of PA's special election, plus, your calls and IMs! AFL-CIO article about the Philly Whole Foods Union https://aflcio.org/2025/1/29/service-solidarity-spotlight-whole-foods-workers-make-history-union-election Philly Workers on Instagram: https://www.instagram.com/phillywholefoodsworkers Telsa Takedown on Channel 5 https://www.youtube.com/watch?v=NzU1Aar_Ifw Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Follow us on TikTok here!: https://www.tiktok.com/@majorityreportfm Check us out on Twitch here!: https://www.twitch.tv/themajorityreport Find our Rumble stream here!: https://rumble.com/user/majorityreport Check out our alt YouTube channel here!: https://www.youtube.com/majorityreportlive Gift a Majority Report subscription here: https://fans.fm/majority/gift Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! https://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: https://majority.fm/app Go to https://JustCoffee.coop and use coupon code majority to get 10% off your purchase! Check out today's sponsors: Express VPN: Secure your online data TODAY by visiting https://ExpressVPN.com/majority. That's https://ExpressVPN.com/majority and you can get an extra four months FREE. SMALLS: For 50% off your first order, head to Smalls.com and use code MAJORITY. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattLech @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/
Monday, March 10th, 2025Today, a multi-state lawsuit seeks to reverse the purge of federal workers; Trump walks back his idiotic tariffs, but probably not after he dumped all of his stock in Canadian aluminum; Republicans joined Democrats in Montana to defeat anti-trans legislation; the Trump administration has said it will not comply with a court order to produce agency heads to testify; a federal judge rules that firing a member of the NLRB was illegal; another federal judge orders the Trump administration to pay our foreign aid bills; Trump is considering revoking the legal status of Ukrainians in the United States; the newly minted Deputy Attorney General Todd Blanche has filed his response to the Eric Adams case and repeats that the Department of Justice is asking to dismiss the bribery charges without prejudice; Trump's DEI purge at the Pentagon included a photo of the Enola Gay; the DHS announced that it's ending the TSA collective bargaining agreement; trans women are being transferred to men's prisons despite multiple court orders; trump has ordered swaths of U.S. forests cut down for timber; the USDA has eliminated two food safety advisory committees; and Allison delivers your Good News.Guest: David EnrichDavidenrich.bsky.social, twitter.com/davidenrichMurder the Truth – HarperCollinsDavid Enrich - The New York TimesThank You HomeChefGet 18 Free Meals, plus Free Shipping on your first box, and Free Dessert for Life, at HomeChef.com/DAILYBEANS. Must be an active subscriber to receive free dessert.Thank You LumenHead to http://lumen.me/dailybeans for 20% off your purchase.Stories:Trump admin 'will not produce' agency head for court-ordered testimony, plaintiffs say | Law And CrimeTrump weighs revoking legal status of Ukrainians as US steps up deportations | ReutersJudge orders Trump administration to pay some foreign-aid bills by Monday - JOSH GERSTEIN | POLITICOTrans women transferred to men's prisons despite rulings against Trump's order | US news | The GuardianTrump orders swathes of US forests to be cut down for timber | Donald Trump | The Guardian‘Stop these crazy bills': Republicans join Democrats to defeat anti-trans legislation in Montana | ReutersUSDA eliminates two food safety advisory committees | ReutersMultistate lawsuit seeks to reverse Trump administration purge of federal workersWar heroes and military firsts are among 26,000 images flagged for removal in Pentagon's DEI purge | AP NewsHomeland Security ends TSA collective bargaining agreement, in effort to dismantle union protections | AP NewsJudge finds Trump's firing of member of National Labor Relations Board was illegal | CBS News From The Good NewsFull Meeting between President Trump, VP Vance and Ukrainian President Zelensky in Oval OfficeReminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! Federal workers - feel free to email me at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen.Share your Good News or Good Trouble:https://www.dailybeanspod.com/good/ Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, Twitter|@MuellerSheWrote, Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, BlueSky|@muellershewroteDana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts