NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule

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NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule
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August 27, 2025

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.

Other Highlights

D.C.’s Tipped Minimum Wage Appears Here to Stay
Workforce Bulletin
Eric I. Emanuelson, Jr.; Gretel Zumwalt

Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond
Commercial Litigation Update
Maurice Wells

Should Employers Jump on the Pay Transparency Bandwagon?
SHRM (subscription required)
Jeffrey H. Ruzal quoted

About Employment Law This Week

For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.

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