Proskauer - Labor Relations Update

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Firm Profile: Proskauer Rose LLP
Eleven Times Square
(Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas Of Practice
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
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  • D.C.
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Hard Bargaining Gone Bad: D.C. Cir. Upholds NLRB’s Bad-Faith Finding

The U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders continue to roll in.  Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University…more
 /  Administrative Law, Alternative Dispute Resolution (ADR), Labor & Employment Law

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA  

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
 /  Administrative Law, Labor & Employment Law, Science, Computers, & Technology

Myers Lives: Third Circuit Affirms Precedent Shift But Remands Finding of Protected Concerted Conduct in Light of Affirmative Defenses

Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions…more
 /  Administrative Law, Civil Procedure, Labor & Employment Law

New York Assembly Passes Bill To Fill Void As NLRB Lacks Quorum, Raising Preemption Concerns

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
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Circuit Court Roundup: DC Cir. Rejects NLRB’s “Irrational” Impasse Ruling, 4th Cir. Green-Lights Union’s “Sharp-Elbowed” Campaign

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 (“NLRA”…more
 /  Administrative Law, Labor & Employment Law

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
 /  Administrative Law, Constitutional Law, Labor & Employment Law

SAG-AFTRA Strikes Back:  Files ULP Over AI Darth Vader in Fortnite

On May 19, 2025, the Screen Actors Guild‐American Federation of Television and Radio Artists (“SAG-AFTRA”)—the union representing actors, voice artists, and other media professionals—filed an unfair labor practice charge against…more
 /  Art, Entertainment, & Sports Law, Labor & Employment Law, Science, Computers, & Technology

NLRB Releases FY 2026 Budget: Proposed Staffing Cuts and Focus on Efficiency and IT Modernization

Amidst ongoing transitions—with the Board operating with a quorum and the President’s nominee for General Counsel pending Senate confirmation—the National Labor Relations Board (“NLRB” or “Board”) released its Fiscal Year (“FY”)…more
 /  Administrative Law, Labor & Employment Law, Science, Computers, & Technology

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne A…more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

NLRB Pulls a U-Turn on Remedial Relief in Settlement Agreements: New GC Issues Guidance Encouraging Efforts at Settlement

On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the…more
 /  Administrative Law, Civil Remedies, Labor & Employment Law

D.C. Circuit Erases NLRB Joint Employer Order After Google-Cognizant Contract Lapses

The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a…more
 /  Administrative Law, Commercial Law & Contracts, Labor & Employment Law

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is now…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Labor & Employment Law

BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB

As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or…more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

NLRB Firing Decision Stayed; Board to Stay Without a Quorum

On March 28, 2025, the United States District Court of Appeals for the D.C. Circuit stayed the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Labor & Employment Law

Trump Appoints New NLRB GC, Subject to Senate Confirmation

President Trump has nominated Crystal Carey to serve as the next National Labor Relations Board General Counsel.  The appointment is subject to Senate confirmation.  If confirmed, Ms. Carey would replace the current Acting…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law
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