NLRB Notice Posting Rule Delayed
Client Alert | 1 min read | 04.18.12
National Labor Relations Board Chairman Mark Pearce announced yesterday that the Board will not proceed with the April 30 deadline for implementing the Board's new rule requiring employers to post a notice advising employees of their rights under the National Labor Relations Act. Chairman Pearce cited "conflicting decisions at the district court level," referring to opinions written in cases brought in South Carolina and the District of Columbia challenging the Board's statutory authority to promulgate the rule. The Board also announced its decision to appeal the South Carolina decision to the Fourth Circuit. Chairman Pearce stated: "We continue to believe that requiring employers to post this notice is well within the Board's authority, and that it provides a genuine service to employees who may not otherwise know their rights under our law." The D.C. Circuit has ordered expedited briefing in its case. A decision from that court is likely by year-end.
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Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
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Client Alert | 6 min read | 11.19.25
