Beltway Buzz: April 11, 2025

Gwynne Wilcox was in line to be reinstated a second time to the National Labor Relations Board (NLRB) until complications arose on April 7. The U.S. Court of Appeals for the District of Columbia Circuit vacated a decision supporting her termination, which would have allowed her to return to the Board. However, Supreme Court Chief Justice John Roberts intervened by freezing the district court order returning Wilcox to her position. This legal back-and-forth means that Wilcox will not be rejoining the NLRB anytime soon. It seems inevitable that the Supreme Court will have the final say on whether the president has the authority to remove members of independent federal agencies like the NLRB.

Jocelyn Samuels, who was removed from her role as commissioner on the U.S. Equal Employment Opportunity Commission (EEOC) in January 2025 by President Trump, has taken legal action to contest her dismissal. Samuels argues that the EEOC’s structure is intended to provide continuity and stability, shielding commissioners from political influence. Former EEOC Chair Charlotte Burrows has also initiated litigation over her removal. Currently, the EEOC is led by Acting Chair Andrea Lucas and Commissioner Kalpana Kotagal.

President Trump has issued a memorandum instructing executive branch agencies to repeal any regulations that exceed their statutory authority or are deemed unlawful. The memorandum targets regulations conflicting with recent Supreme Court decisions, including cases like Loper Bright Enterprises v. Raimondo and Securities and Exchange Commission v. Jarkesy. Agencies are advised to repeal such regulations under the Administrative Procedure Act’s “good cause” exemption, bypassing the typical public comment process.

The U.S. House of Representatives recently passed the No Rogue Rulings Act of 2025, restricting federal district courts from issuing nationwide injunctions that extend beyond the involved parties unless in multistate cases. This bill aims to prevent injunctions that had previously halted the implementation of several regulations, such as overtime rules from the Department of Labor, the persuader rule, and the NLRB’s joint employer regulation.

The House Committee on Education and the Workforce’s Subcommittee on Health, Employment, Labor, and Pensions conducted a hearing titled “Game Changer: The NLRB, Student-Athletes, and the Future of College Sports” to discuss the employment status of college athletes. Republicans asserted that student-athletes should be treated as students and advocated for legislation protecting their economic freedom without categorizing them as employees.

Reports indicate the Federal Mediation and Conciliation Service (FMCS) has diminished significantly under the Trump administration, with only four remaining employees. Last year, the agency facilitated over 2,000 collective bargaining negotiations. Additionally, Secretary of Labor Lori Chavez-DeRemer has proposed a resignation or retirement scheme for DOL employees, anticipating workforce reductions. Similar efforts have been made at U.S. Citizenship and Immigration Services (USCIS), raising concerns about delays in processing times due to potential reductions in force.

Another significant development was the U.S. Senate Committee on Commerce, Science, and Transportation’s hearing on permanent daylight savings time in the U.S. Supporters argue that this change would boost economic activity, provide more time for physical exercise, and enhance road safety. Opponents, however, have raised concerns about the negative implications of maintaining daylight savings time throughout the year.