With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more
6/25/2025
/ Arbitration ,
Collective Bargaining ,
Constitutional Challenges ,
Federal Labor Laws ,
Labor Relations ,
New Legislation ,
New York ,
NLRB ,
Preemption ,
Proposed Legislation ,
State Labor Laws ,
Unions
On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more
6/2/2025
/ Cannabis Products ,
Constitutional Challenges ,
Federal Labor Laws ,
First Amendment ,
Judicial Authority ,
Labor Relations ,
NLRA ,
Oregon ,
Preemption ,
State Labor Laws ,
Supremacy Clause ,
Unions
On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more
National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months.
Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more
4/11/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Popular ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more
4/8/2025
/ Appeals ,
Constitutional Challenges ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more
4/2/2025
/ Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more
3/13/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Executive Orders ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Quorum ,
Removal ,
Trump Administration ,
Unions
As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more
3/6/2025
/ California ,
Constitutional Challenges ,
Employees ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Labor Code ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
State Labor Laws ,
Unions
When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more
11/20/2020
/ Agricultural Sector ,
Agricultural Workers ,
Business & Professions Code ,
Cannabis Products ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Fifth Amendment ,
Marijuana Cultivation ,
NLRA ,
NLRB ,
Private Property ,
Public Sector Unions ,
Right-To-Access ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Trespass ,
Unions