A federal district court preliminarily enjoined New York from enforcing a law that would have extended state labor regulations to employees already covered by the National Labor Relations Act (NLRA). The court held that the...more
12/4/2025
/ Constitutional Challenges ,
Federal Labor Laws ,
Labor Relations ,
New Legislation ,
New York ,
NLRA ,
NLRB ,
Preemption ,
Preliminary Injunctions ,
Public Employment Relations Board’s (PERB) ,
State and Local Government ,
State Labor Laws ,
Unfair Labor Practices ,
Unions
As 2025 draws to a close, employers hoping for change in National Labor Relations Board (NLRB or Board) precedent have confronted a frustrating reality: the absence of an operational quorum has effectively frozen the agency’s...more
12/4/2025
/ Biden Administration ,
Board Members ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employment Policies ,
Government Agencies ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Quorum ,
Senate Confirmation Hearings ,
State Labor Laws ,
Trump Administration ,
Unions
Key Points:
•White House announces frameworks with Argentina, Guatemala, El Salvador and Ecuador to pursue reciprocal trade agreements that include worker rights requirements.
•New frameworks mirror recent deals with...more
11/17/2025
/ Biden Administration ,
Forced Labor ,
Free Trade Agreements ,
Human Rights ,
Imports ,
International Labor Laws ,
International Trade ,
Labor Regulations ,
Latin America ,
Supply Chain ,
Trade Agreements ,
Trade Policy ,
Trade Relations ,
US Trade Policies ,
USTR
On Sunday, the White House announced reciprocal trade agreements with Cambodia and Malaysia that include the most ambitious and enforceable workers’ rights provisions since the first Trump Administration negotiated the United...more
10/29/2025
/ Forced Labor ,
International Labor Laws ,
International Trade ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
Supply Chain ,
Tariffs ,
Trade Agreements ,
Trade Relations ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR
In a major decision issued July 4, 2025, the United States prevailed in the first successful labor litigation under any trade agreement. The United States proved that a call center in Mexico denied workers’ rights, according...more
10/2/2025
/ Arbitration ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employee Rights ,
Enforcement Actions ,
International Arbitration ,
International Trade Disputes ,
Labor Law Violations ,
Labor Relations ,
Mexico ,
NLRA ,
Public Comment ,
Trade Agreements ,
Unfair Labor Practices ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR
New York Governor Kathy Hochul has signed into law legislation authorizing the New York State Public Employment Relations Board (PERB) to assert jurisdiction over disputes between employers and unions if the National Labor...more
9/11/2025
/ Constitutional Challenges ,
Employer Responsibilities ,
Federal Labor Laws ,
Jurisdiction ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
State Labor Laws ,
Unfair Labor Practices ,
Unions
Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more
8/27/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Executive Authority ,
Government Agencies ,
Injunctions ,
Irreparable Harm ,
Labor Relations ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Separation of Powers ,
Unfair Labor Practices
State bills to regulate private sector labor disputes due to the National Labor Relations Board’s (NLRB) lack of a quorum — if enacted — would “very likely” violate the U.S. Constitution’s Supremacy Clause, according to NLRB...more
8/22/2025
/ Constitutional Challenges ,
Federal Labor Laws ,
Government Agencies ,
Labor Relations ,
NLRA ,
NLRB ,
Preemption ,
Proposed Legislation ,
State Labor Laws ,
State Legislatures ,
Supremacy Clause
Legislation is moving through Congress that, if enacted, would establish a new joint employer standard and end some of the uncertainty businesses have faced the past several years whenever a new party won the White House. ...more
8/6/2025
/ Congressional Review Act ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Franchisee ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Trump Administration ,
Unions
Last week, both Congress and President Trump took steps that could reshape how labor and employment laws apply to student athletes in higher education. While neither action will have immediate legal effect, together they...more
7/29/2025
/ Colleges ,
Educational Institutions ,
Employee Rights ,
Executive Orders ,
Federal Labor Laws ,
Labor Reform ,
NCAA ,
NLRA ,
NLRB ,
Proposed Legislation ,
Student Athletes ,
Trump Administration ,
Unions
Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so.
This...more
7/15/2025
/ Constitutional Challenges ,
Corporate Counsel ,
Employer Responsibilities ,
Employment Litigation ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
Quorum ,
State Labor Laws ,
Triggering Event ,
Unfair Labor Practices ,
Unions