• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI

2

Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that

3

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises

1

Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI

2

Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that

3

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
PoliticsDonald Trump

A top legal expert says that Trump’s decision to fire the head of the NLRB is ‘completely unprecedented’: ‘Workers need to buckle up’ 

By
Sara Braun
Sara Braun
Leadership Fellow
Down Arrow Button Icon
By
Sara Braun
Sara Braun
Leadership Fellow
Down Arrow Button Icon
January 30, 2025, 4:00 AM ET
US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC, on January 20, 2025. (Photo by Jim WATSON / AFP) (Photo by JIM WATSON/AFP via Getty Images)
US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC, on January 20, 2025. (Photo by Jim WATSON / AFP) (Photo by JIM WATSON/AFP via Getty Images) JIM WATSON/AFP via Getty Images

President Trump continued to make waves just over a week into his presidency with his decision earlier this week to fire the chair of the National Labor Relations Board (NLRB), Gwynne Wilcox. This unprecedented decision came alongside Trump’s firing of NLRB General Counsel Jennifer Abruzzo. 

Recommended Video

The National Labor Relations Board is an independent federal agency that was created to enforce the National Labor Relations Act (NLRA), a 1935 law which guarantees the right of “most private sector employees to organize, to engage in group efforts to improve their wages and working conditions, to determine whether to have unions as their bargaining representative, to engage in collective bargaining, and to refrain from any of these activities.” The Board has five members, each appointed by the president to 5-year terms with Senate approval. As a result of Wilcox’s termination, the NLRB currently only has two members. Under law, the Board needs a quorum of three members to make any decision. 

In addition to the changes at the NLRB, Trump also fired two out of three Democratic commissioners of the Equal Employment Opportunity Commission, the federal agency that enforces civil rights law in the workplace. 

Wilcox’s firing was met with shock and anger from union leaders, including AFL-CIO president Liz Schuler. In a statement, she wrote that Wilcox’s firing “is illegal and will have immediate consequences for working people.” She added that the president had effectively hobbled the board, leaving workers “on their own in the face of union-busting and retaliation.”

Wilcox told Bloomberg that she “will be pursuing all legal avenues to challenge my removal, which violates long-standing Supreme Court precedent.” 

Fortune spoke with top employment lawyer Peter Rahbar about the consequences that President Trump’s decision will have on the NLRB and the workforce at large. 

This interview has been lightly edited for clarity and length.


Fortune: How big of a deal is this?

Rahbar: It’s potentially a big deal in several ways. First, the firing of a sitting board member is completely unprecedented. The firing of the general counsel, however, does have precedent. President Biden did the same thing upon taking office, and his power to do that was upheld.

The power to fire a member has never been exercised over the NLRA and it’s not a power the president has. It’s contrary to long-standing law that was established and affirmed by the Supreme Court in a 1935 case.

These agency members, who are essentially members and judges on labor issues, are protected by acts of Congress and insulated from firing by the president to maintain their independence. This is clearly not only unprecedented, but an attempt to broaden presidential power and degrade congressional checks on presidential power. That’s the bigger story here. 

What happens now? What are the repercussions of this?

The firing creates two issues. First is the issue of: Does the president have the power to do this? Second, it basically paralyzes the board because under 2010 Supreme Court precedent, the board can’t do business without at least three members. And right now, the  board is left with two members. To the extent that this administration is seeking to paralyze an agency that is viewed as friendly to labor—they’ve now done that. 

Even when they do have enough members to do business, whenever that may be, it’s not as if the firing was immediately followed by new appointments—in case anyone didn’t notice that. So whenever that may be, the board’s going to have a huge backlog of work to catch up on and it’s going to be tied up in legal challenges. 

How will this affect U.S. labor unions moving forward?

Unions are [going to be] looking for the support of the board and establishing new law or upholding labor laws, [and] that they’re not going to be able to do that. They’ll be able to litigate cases up to a certain point, but the full board will not be able to decide on anything.

Ultimately, the forum where [unions] have to resolve their disputes has been disabled. In terms of tilting the balance of power in the worker employer relationship, it’s now been significantly tilted towards employers. I mean, essentially, [employers] can violate the law and force unions to sue them and enter into litigation that may never end. 

What are you expecting to happen to the NLRB over the next four years?

Corporations hate the NLRB. They view it as a real difficult agency to deal with. It’s been viewed as traditionally pro-worker. That isn’t always true but I understand where it comes from. But that certainly doesn’t mean it shouldn’t exist.

I think the Trump plan here is to really defang it and render it as powerless as possible. There are a couple ways to do that. One would be what happened yesterday: to put it in a position where it doesn’t have a quorum, and leave it there as long as possible. Then the other would be through budgetary means. And I think that’s probably going to be part two of what we see here, to the extent that there’s these broad bans on funding for agencies with agendas. Based on what I’ve seen,the NLRB is certainly going to be tucked into that. We’ll see some major funding-like choke holds on the agency. I don’t think it’s going to be an easy or good four years for the board.

What are you expecting to happen to the labor landscape in the U.S. over the next four years? 

It’s going to be a very tough four years for workers. 

We’ve already seen a dramatic effort to strip down worker protections against discrimination. Obviously there’s been these attacks on DEI, but I think actually DEI is just the headline. The real attack is to go after equal rights legislation and protections. 

Certainly this administration is not going to do anything to broaden protections for workers because that’s viewed as more regulation and anti-corporate interests. I think workers need to buckle up and companies are going to have a difficult time–they are already having a difficult time. Because the administration is saying they need to treat workers one way while their own workforce is saying, ‘Hey, we want to be treated a different way.’ I know from talking to clients that this is already causing a lot of problems for corporate leaders. How to balance this line of managing and motivating their own workforces while trying to stay out of the spotlight of this very vindictive government.

Subscribe to Fortune Gulf Brief. Every Tuesday, this new newsletter will deliver clear-eyed, authoritative intelligence on the deals, decisions, policies, and power shifts shaping one of the world’s most consequential regions, written for the people who need to act on it. Sign up here.
About the Author
By Sara BraunLeadership Fellow
LinkedIn iconTwitter icon

Sara Braun is the leadership fellow at Fortune.

See full bioRight Arrow Button Icon

Latest in Politics

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Politics

U.S. allows Russia oil sales waiver to expire despite tight market
EnergyOil
U.S. allows Russia oil sales waiver to expire despite tight market
By Jennifer A. Dlouhy and BloombergMay 16, 2026
2 hours ago
U.S., Iran stall on Hormuz reopening as oil supplies tighten
PoliticsIran
U.S., Iran stall on Hormuz reopening as oil supplies tighten
By Skylar Woodhouse, Jeff Mason, Arsalan Shahla and BloombergMay 16, 2026
3 hours ago
Former top Russian official admits the country is over Putin and can ‘imagine a future without him’ — even elites bail as Kremlin seizes their assets 
PoliticsRussia
Former top Russian official admits the country is over Putin and can ‘imagine a future without him’ — even elites bail as Kremlin seizes their assets 
By Jason MaMay 16, 2026
4 hours ago
Trump’s IRS suit may end with a $1.7 billion compensation fund
PoliticsDonald Trump
Trump’s IRS suit may end with a $1.7 billion compensation fund
By Zoe Tillman, Chris Strohm, Hadriana Lowenkron and BloombergMay 16, 2026
5 hours ago
World’s largest aircraft carrier returns from 11-month deployment, longest since Vietnam, after supporting Iran war and Maduro raid
PoliticsMilitary
World’s largest aircraft carrier returns from 11-month deployment, longest since Vietnam, after supporting Iran war and Maduro raid
By The Associated PressMay 16, 2026
6 hours ago
Ray Dalio says China’s ascent ushers in era of ‘tribute system’
AsiaChina
Ray Dalio says China’s ascent ushers in era of ‘tribute system’
By David Westin, Edward Dufner and BloombergMay 16, 2026
6 hours ago

Most Popular

Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
AI
Microsoft AI chief gives it 18 months—for all white-collar work to be automated by AI
By Jake AngeloMay 16, 2026
13 hours ago
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
Success
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
By Preston ForeMay 13, 2026
3 days ago
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
Politics
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
By Jake AngeloMay 12, 2026
4 days ago
Meet the 20-year-old CEO who launched a company in high school to solve Gen Z's entry-level job crisis
Future of Work
Meet the 20-year-old CEO who launched a company in high school to solve Gen Z's entry-level job crisis
By Jake AngeloMay 16, 2026
17 hours ago
‘You’re not a hero, you’re a liability’: Shark Tank’s Kevin O’Leary warns Gen Z founders to stop glorifying hustle culture
Future of Work
‘You’re not a hero, you’re a liability’: Shark Tank’s Kevin O’Leary warns Gen Z founders to stop glorifying hustle culture
By Jacqueline MunisMay 16, 2026
13 hours ago
Current price of oil as of May 15, 2026
Personal Finance
Current price of oil as of May 15, 2026
By Joseph HostetlerMay 15, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.