We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. ...more
On December 5, 2025, a divided D.C. Circuit panel held that for-cause job-removal protections for members of the National Labor Relations Board (“NLRB” or “Board”) and Merit Systems Protection Board are unconstitutional...more
12/9/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Corporate Counsel ,
Government Agencies ,
NLRA ,
NLRB ,
Removal For-Cause ,
SCOTUS ,
Unions
On December 1, 2025, in NLRB v. Constellis, LLC, a unanimous Fourth Circuit panel joined other federal appellate courts in narrowly interpreting the National Labor Relations Act’s (“NLRA” or the “Act”) judge-made managerial...more
On November 26, 2025, a New York federal judge granted Amazon’s bid for a preliminary injunction barring the enforcement of recent amendments to the Empire State’s State Employment Relations Act (“SERA”) that would have...more
[unable to retrieve full-text content]Labor law reform resurfaces nearly every Congress, but rarely advances given polarized views. The National Labor Relations Act (“NLRA” or “Act”) has not been amended since 1984, yet...more
We have been tracking the ongoing challenges to the National Labor Relations Board’s (“NLRB” or “Board”) power to issue enhanced remedies under Thryv, Inc., 372 NLRB No. 22 (2022). In Thryv, the Board held that employees...more
11/13/2025
/ Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
SCOTUS ,
Seventh Amendment ,
Split of Authority ,
Statutory Interpretation ,
Unfair Labor Practices
We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits....more
On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board (“NLRB” or “Board”), holding that the Board improperly rejected Home Depot’s “special circumstances” and...more
On October 31, 2025, the Fifth Circuit held that the National Labor Relations Board (“NLRB” or “Board”) impermissibly awarded compensatory damages to striking employees who were fired. As we reported here, the court’s ruling...more
On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit...more
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector...more
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector...more
The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and other labor-branded merchandise that allegedly infringed the company’s...more
10/8/2025
/ Appellate Courts ,
Corporate Counsel ,
Fair Use ,
Federal Labor Laws ,
Injunctions ,
Intellectual Property Litigation ,
Labor Disputes ,
Lanham Act ,
Trademark Infringement ,
Trademark Litigation ,
Unions
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector...more
10/8/2025
/ California ,
Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
Regulatory Authority ,
State Labor Laws ,
Unions
On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed a “NLRB Trigger Bill” amending the New York State Labor Relations Act. The statute itself is hardly a model of clarity, but its sponsors...more
On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an...more
On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union...more
As we previously reported here, since May 22, 2025, the National Labor Relations Board (“NLRB” or “Board”) has lacked a quorum of at least three members after the U.S. Supreme Court stayed the reinstatement of former Board...more
6/25/2025
/ Government Agencies ,
Labor Relations ,
New Legislation ,
New York ,
NLRA ,
NLRB ,
Preemption ,
Proposed Legislation ,
Quorum ,
State Labor Laws ,
Unions
While the National Labor Relations Board (“NLRB” or the “Board”) does not have a quorum, a pair of June 13, 2025 decisions by federal courts of appeal highlight key labor law issues under the National Labor Relations Act...more
On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...more
3/27/2025
/ Appeals ,
Chevron Deference ,
Corporate Counsel ,
Denial of Certiorari ,
Employment Litigation ,
Labor Relations ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
Regulatory Reform ,
SCOTUS
On March 6, 2025, a D.C. federal judge reinstated former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, restoring the Board to a quorum, which under the National Labor Relations Act (“NLRA” or the...more
Not waiting for the appointment of a new General Counsel after President Trump’s discharge of both the previous General Counsel and then Acting General and suggesting that his motivation related to the workload of the Agency,...more
2/20/2025
/ Biden Administration ,
Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Enforcement Actions ,
Labor Reform ,
NLRA ,
NLRB ,
Presidential Memorandum ,
Section 7 ,
Trump Administration
On December 16, 2024, the U.S. Supreme Court vacated a D.C. Circuit opinion in Hosp. Menonita de Guayama, Inc. v. Nat’l Lab. Rels. Bd., 94 F.4th 1 (D.C. Cir. 2024) that upheld a decision by the National Labor Relations Board...more
12/23/2024
/ Chevron Deference ,
Good Faith ,
Jurisdiction ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
Remand ,
SCOTUS ,
Successor Bar Doctrine ,
Unions ,
Vacated