Author Info for Proskauer - Labor Relations Update

Taylor Arluck

Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination

On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination… more

Appellate Courts, Constitutional Challenges, Executive Authority, Government Agencies, Judicial Review

See all updates »

Raymond Arroyo

Fast-Track to Union Representation? California, Uber, Lyft and SEIU Unite Behind Driver-Union Bill

After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path to… more

California, Collective Bargaining Agreements (CBA), Gig Economy, Independent Contractors, Insurance Regulations

See all updates »

Joseph Baumgarten

CARES ACT Relief for Mid-Size Businesses Comes with Important Union Related Conditions

Mid-sized businesses (defined as 500 to 10,000 employees) impacted by the Coronavirus may be able to obtain relief loans under the COVID-19 stimulus law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), but… more

Abrogation, CARES Act, Collective Bargaining, Coronavirus/COVID-19, Federal Loans

See all updates »

Alexander Blutman

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB… more

Appeals, Collective Bargaining, NLRA, NLRB, Unfair Labor Practices

See all updates »

Edward Brill

NLRB Rules That Graduate Students Are Employees

Yesterday, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student… more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

See all updates »

Ariel Brotman

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful

In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No. 24-60242… more

Appeals, Corporate Counsel, Employee Rights, Employer Responsibilities, Employment Policies

See all updates »

E. Sydney Cone

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly standard… more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

See all updates »

Peter Conrad

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First Contract

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board overturned… more

Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Discipline, Duty to Bargain, Employer Liability Issues

See all updates »

Elizabeth Dailey

NLRB Returns to Exacting “Clear and Unmistakable” Waiver Standard for Contractual Waiver of Right to Bargain Over Unilateral Changes

This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when… more

Collective Bargaining, Contract Waiver, NLRA, NLRB, Unfair Labor Practices

See all updates »

Daniel Dorson

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices… more

Department of Labor (DOL), Enforcement Priorities, Investigations, Labor Relations, New Guidance

See all updates »

Rachel Edelson

You Shall Not Impasse: Eleventh Circuit Affirms the NLRB’s High Bar for When Further Bargaining is Futile

On February 19, 2026, the Eleventh Circuit upheld a 2024 National Labor Relations Board (the “NLRB” or “the Board”) decision finding the now-defunct Southwest Florida Symphony Orchestra and Chorus Association prematurely… more

Appeals, Collective Bargaining Agreements (CBA), Corporate Counsel, Employment Litigation, Labor Relations

See all updates »

Ross Evans

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025… more

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

See all updates »

Laura Fant

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices… more

Department of Labor (DOL), Enforcement Priorities, Investigations, Labor Relations, New Guidance

See all updates »

Scott Faust

NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases

On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial… more

Administrative Law Judge (ALJ), Adverse Employment Action, Employment Discrimination, NLRA, NLRB

See all updates »

Melissa Felcher

Here We Go Again: Board Resurrects “Quickie” Election Rules

With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the “Board”) continues to make… more

Appeals, NLRB, Quickie Election Rules, Rulemaking Process, Union Elections

See all updates »

Joshua Fox

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices… more

Department of Labor (DOL), Enforcement Priorities, Investigations, Labor Relations, New Guidance

See all updates »

Meika Freeman

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come!

The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election… more

Blocking Power, NLRA, NLRB, NPRM, Proposed Amendments

See all updates »

David Gobel

NLRB Issues “Fair Choice-Employee Voice” Final Rule

On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that… more

Collective Bargaining, Construction Industry, Decertification, Final Rules, NLRA

See all updates »

Yonatan Grossman-Boder

Washington Looks to Join the NLRB Trigger Bill Trend

On February 20, 2026, the Washington State Senate advanced House Bill 2471 (“HB 2471”), a proposed law that would authorize the state to regulate certain private-sector labor disputes if the National Labor Relations Act (“NLRA”)… more

Collective Bargaining, Labor Regulations, Labor Relations, New Legislation, NLRA

See all updates »

Cooper Halpern

Washington Looks to Join the NLRB Trigger Bill Trend

On February 20, 2026, the Washington State Senate advanced House Bill 2471 (“HB 2471”), a proposed law that would authorize the state to regulate certain private-sector labor disputes if the National Labor Relations Act (“NLRA”)… more

Collective Bargaining, Labor Regulations, Labor Relations, New Legislation, NLRA

See all updates »

Jeffrey Horwitz

New York City to License Hotels: What You Need to Know

On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct… more

Anti-Retaliation Provisions, City of New York, Civil Monetary Penalty, Collective Bargaining Agreements (CBA), Employment Policies

See all updates »

Larenz Jones

Unionization in Higher Education on the Rise – and Proskauer is Actively in the Thick of It

A recent report from the National Center for the Study of Collective Bargaining in Higher Education and the Professions underscores the dramatic increase in unionization across higher education—particularly in the private… more

Collective Bargaining, Colleges, Department of Labor (DOL), Unions, Universities

See all updates »

Olympia Karageorgiou

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside of… more

Administrative Law Judge (ALJ), Black Lives Matter, Hiring & Firing, NLRA, NLRB

See all updates »

Delia Karamouzis

NLRB Delivers Ban on Captive-Audience Meetings in Amazon Case

Throwing out 75 Years of precedent in a single decision, on November 13, 2024, in Amazon.com Services LLC, the National Labor Relations Board (the “Board”) the Board overruled the seminal case of Babcock & Wilcox Co., 77 NLRB… more

Amazon, Employee Rights, Free Speech, NLRA, NLRB

See all updates »

Rachel Kessler

BREAKING: Texas District Court Strikes Down NLRA Joint Employer Rule

On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas… more

Appeals, Chamber of Commerce, Contract Terms, Joint Employers, NLRA

See all updates »

Mallory Knudsen Hart

Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit

On May 2, 2024, the U.S. Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corp., v. NLRB, No. 24-40315 (5th Cir. 2024), granted SpaceX’s Emergency Motion for Injunction Pending Appeal, essentially… more

Administrative Law Judge (ALJ), Appeals, En Banc Review, NLRB, Preliminary Injunctions

See all updates »

Arielle Kobetz

NYC Enacts Severance Pay Requirements for Displaced Hotel Workers

Effective as of October 5, 2021, Int. 2397-2021 requires operators of “transient hotels” (as defined by Section 12-10 of the New York City zoning resolutions) to pay their employees severance pay if: 1. the hotel closed to the… more

Hiring & Firing, Hospitality Industry, Hotels, Labor Reform, Layoffs

See all updates »

Michael Kratochvil

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices… more

Department of Labor (DOL), Enforcement Priorities, Investigations, Labor Relations, New Guidance

See all updates »

Sehreen Ladak

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of the… more

Administrative Law Judge (ALJ), Black Lives Matter, Corporate Counsel, Employees, Employer Liability Issues

See all updates »

Andrew Landesman

NLRB Relinquishes Jurisdiction Over SpaceX, Abandoning Yearslong Legal Battle

On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The Board’s… more

Administrative Law Judge (ALJ), Appeals, Constitutional Challenges, Corporate Counsel, Jurisdiction

See all updates »

Michelle Lappen

NLRB: Initial Burden of Union Animus Met Largely by Timing of Employer’s Discharge of Employee

It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National… more

Administrative Law Judge (ALJ), Burden-Shifting, Employer Liability Issues, NLRA, NLRB

See all updates »

Michael Lebowich

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices… more

Department of Labor (DOL), Enforcement Priorities, Investigations, Labor Relations, New Guidance

See all updates »

Jake Lee

SDNY Judge Says No to FMCS Mediation Cuts

On December 30, 2025, a federal judge in the Southern District of New York vacated a recent Federal Mediation and Conciliation Service (“FMCS”) policy that laid off a substantial number of federal mediators and sharply limited… more

Administrative Procedure Act, Arbitrary and Capricious, Collective Bargaining Agreements (CBA), Dispute Resolution, Executive Orders

See all updates »

Adam Lupion

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025… more

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

See all updates »

Tony Martinez

United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements

In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor… more

Centers for Medicare & Medicaid Services (CMS), Federal Acquisition Regulations (FAR), Federal Contractors, GAO, Labor Management Relations Act (LMRA)

See all updates »

Austin McLeod

Updated: President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains

UPDATE: On December 3, 2025, the Senate Health, Education, Labor and Pensions (“HELP”) Committee approved President Trump’s nomination of Scott Mayer to fill one of the vacant Republican seats on the National Labor Relations… more

NLRB, NLRB General Counsel, Presidential Appointments, Senate Committees, Senate Confirmation Hearings

See all updates »

Hannah Morris

When It Rains, It Pours –Several Appeals Lined Up to Challenge NLRB Precedent in Court

We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive… more

Collective Bargaining, Drug Testing, Injunctive Relief, NLRA, NLRB

See all updates »

Dixie Morrison

NLRB Relinquishes Jurisdiction Over SpaceX, Abandoning Yearslong Legal Battle

On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The Board’s… more

Administrative Law Judge (ALJ), Appeals, Constitutional Challenges, Corporate Counsel, Jurisdiction

See all updates »

Anthony Oncidi

Fast-Track to Union Representation? California, Uber, Lyft and SEIU Unite Behind Driver-Union Bill

After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path to… more

California, Collective Bargaining Agreements (CBA), Gig Economy, Independent Contractors, Insurance Regulations

See all updates »

Morgan Peterson

Case Update: Union Extortion Claims Get Another Chance after Third Circuit Remand

As promised (see prior post here), we are providing an update on the Third Circuit’s decision in Care One Management LLC et al. v. United Healthcare Workers East, et al. As we addressed at the time, this cased involved… more

Assisted Living Facilities (ALFs), Extortion, Labor Management Relations Act (LMRA), Nursing Homes, Remand

See all updates »

David Picon

President Biden Signs Executive Order Requiring Project Labor Agreements for Large-Scale Federal Construction Projects ($35 Million)

On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”), which requires the federal government to require a project labor agreement… more

Biden Administration, Construction Project, Executive Orders, Federal Contractors, Labor Reform

See all updates »

Steven Porzio

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025… more

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

See all updates »

Howard Robbins

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025… more

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

See all updates »

Abigail Rosenblum

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality Policy

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling… more

Administrative Law Judge (ALJ), Collective Bargaining, Confidentiality Agreements, Elon Musk, Employee Rights

See all updates »

Paul Salvatore

Construction Employers Take Note: New York Expands Paid Family Leave Eligibility Beginning in 2027

New York construction-industry employers should be aware of a significant change to the state’s Paid Family Leave (“PFL”) law. On December 19, Governor Kathy Hochul signed Assembly Bill 4727 (“A4727”) into law, expanding PFL… more

Collective Bargaining Agreements (CBA), Construction Industry, Employee Benefits, Employer Responsibilities, New Legislation

See all updates »

Jurate Schwartz

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices… more

Department of Labor (DOL), Enforcement Priorities, Investigations, Labor Relations, New Guidance

See all updates »

Shanice Smith-Banks

Oregon’s Cannabis Labor Peace Law Struck Down

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as of… more

Appeals, Cannabis-Related Businesses (CRBs), Constitutional Challenges, First Amendment, Judicial Authority

See all updates »

Yuval Tal

New York City to License Hotels: What You Need to Know

On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct… more

Anti-Retaliation Provisions, City of New York, Civil Monetary Penalty, Collective Bargaining Agreements (CBA), Employment Policies

See all updates »

Scott Tan

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good… more

Administrative Law Judge (ALJ), Collective Bargaining, Collective Bargaining Agreements (CBA), Discipline, Duty to Bargain

See all updates »

Mark Theodore

Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise

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

Appellate Courts, Corporate Counsel, Fair Use, Federal Labor Laws, Injunctions

See all updates »

Chad Thornton

The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract

While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report… more

Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Rights, Employment Contract, SEIU

See all updates »

Dakota Treece

House Committee Attempts to Secure “PRO Act” Changes to Labor Law Through Reconciliation Process of Next Federal Budget

As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and labor-management… more

Budget Reconciliation, Federal Budget, Labor Reform, Legislative Agendas, Lockouts

See all updates »

Jacob Tucker

New York State Bill Mandating COVID-19 Safety Standards in the Workplace Provides Carve-out for Unionized Employers

As discussed in greater detail here, Governor Andrew Cuomo is poised to sign into law S.1034B/A.2681B, also referred to as the New York Health and Essential Rights Act, or the “Hero Act.” The Hero Act has two main components… more

Coronavirus/COVID-19, Employer Liability Issues, Governor Cuomo, Health and Safety, Infectious Diseases

See all updates »

Claudia Khoury-Yacoub

Third Circuit Rejects RICO Claim Filed Against Unions for Conduct During Corporate Campaign By Adopting A Union’s “Claim-of-Right” Defense

The Third Circuit issued a noteworthy split 2-1 decision last month, finding that a company’s claim under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) against several Unions failed, where the Unions’… more

Abuse of Process, Collective Bargaining, Extortion, Healthcare Workers, Hobbs Act

See all updates »

Proskauer - Labor Relations Update

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"