The National Labor Relations Board (NLRB or Board) is back. With President Donald Trump’s picks restoring a Republican majority and the installation of a seemingly management-friendly general counsel (GC), the Board is poised...more
12/26/2025
/ Constitutional Challenges ,
Executive Powers ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quorum ,
Removal For-Cause ,
Trump Administration ,
Union Elections ,
Unions
The tide may be turning against any state law attempting to supplant the National Labor Relations Board (NLRB or Board)....more
12/9/2025
/ Constitutional Challenges ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Preemption ,
Preliminary Injunctions ,
Quorum ,
State and Local Government ,
State Labor Laws ,
Trump v Wilcox ,
Unions
On Sept. 25, 2025, the Philadelphia City Council unanimously passed sweeping amendments to the city’s Fair Criminal Record Screening Standards Law (Fair Chance Law), which regulates when and how employers may use applicants’...more
As we previously reported, several states, beginning with New York, have introduced or passed legislation aimed at assuming certain responsibilities of the National Labor Relations Board (NLRB or Board) in the event it lacks...more
10/7/2025
/ Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employment Litigation ,
Governor Newsom ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
Quorum ,
State Labor Laws ,
Unions
As the National Labor Relations Board (the Board or NLRB) still lacks a quorum with President Donald Trump’s Board member nominations pending, it is unable to adjudicate disputes and render decisions under the National Labor...more
9/19/2025
/ Amazon ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
Quorum ,
Special Meetings ,
State Labor Laws ,
Trump Administration ,
Union Elections ,
Unions
As we reported in July, with the National Labor Relations Board (NLRB or the Board) in a state of limbo since the beginning of President Donald J. Trump’s second term, several states, including New York, are considering...more
On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more
8/13/2025
/ Employer Liability Issues ,
Employer Responsibilities ,
Hiring & Firing ,
Job Applicants ,
Labor Relations ,
Memorandum of Guidance ,
NLRA ,
NLRB General Counsel ,
Unfair Labor Practices ,
Union Organizers ,
Unions
Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more
On July 16, President Donald Trump nominated to the National Labor Relations Board (NLRB or Board) Boeing’s chief labor counsel, Scott Mayer, and former NLRB attorney James Murphy. To be seated as Board members, Mayer and...more
On May 27, Philadelphia enacted the POWER Act, which introduces sweeping changes to the city’s labor laws. Several provisions stand out for their immediate impact on Philadelphia employers....more
6/17/2025
/ Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Responsibilities ,
Municipalities ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Penalties ,
Recordkeeping Requirements ,
Remedies ,
Retaliation
On Feb. 14, the NLRB’s acting GC, Cowen, issued a memorandum to Board personnel rescinding more than 30 “GC memoranda” issued by the former GC, Abruzzo. Cowen’s action – which had been expected after President Donald Trump...more
In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more
1/29/2025
/ Biden Administration ,
Constructive Discharge ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Political Speech ,
SCOTUS ,
Section 7 ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
1/6/2025
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Staffing Agencies ,
Termination ,
Unfair Labor Practices ,
Wages ,
Wrongful Termination
Employers should be wary of the Ghost of Christmas Yet to Come (and/or the National Labor Relations Board (NLRB)) before excluding unionized workers from holiday parties and similar perks given to nonunionized employees....more
12/18/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employer Liability Issues ,
Holiday Parties ,
Holidays ,
NLRA ,
NLRB ,
Perks ,
Starbucks ,
Unions
Early in his presidency, Joe Biden promised to be “the most pro-union President leading the most pro-union administration in American history.” ...more
On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more
Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more
During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more
In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more
On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more
3/1/2024
/ Adverse Employment Action ,
Black Lives Matter ,
Civil Rights Act ,
Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Hiring & Firing ,
Home Depot ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Race Discrimination ,
Section 7 ,
Termination
When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more
With the new year upon us and amid an uptick in activity by the National Labor Relations Board (NLRB or the Board), the time is ripe for employers to refresh themselves on a basic labor principle that sometimes goes...more
As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more
New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary...more
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more
5/17/2023
/ Adverse Employment Action ,
Discipline ,
Employer Liability Issues ,
Employment Policies ,
General Motors ,
New Rules ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Unions