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
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  • Labor & Employment Law
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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, Labor & Employment Law, Transportation

NLRB Refrain From Overturning Biden-Era Precedent – For Now

As reported, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions that were widely… more
 /  Administrative Law, Labor & Employment Law

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
 /  Administrative Law, Constitutional Law, Labor & Employment Law

Update: Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog

As an update to our previous blog, on January 28, 2026, the National Labor Relations Board (“NLRB” or “the Board”) issued further guidance clarifying GC 26-01, explaining that the new docketing protocol is intended only as a… more
 /  Administrative Law, Labor & Employment Law

The Board is Back: NLRB Resumes Decisions, Affirms Regional Directors’ Authority Without a Quorum

On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors (“RDs”)… more
 /  Administrative Law, Labor & Employment Law

Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog

On December 23, 2025, in one of his final acts in the role, then National Labor Relations Board (“NLRB” or the “Board”) Acting General Counsel (“Acting GC”) William B. Cowen quietly released General Counsel Memorandum GC… more
 /  Administrative Law, Labor & Employment Law

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 Law, Alternative Dispute Resolution (ADR), Labor & Employment Law

Two-to-One: Ninth Circuit Aligns with the Third Circuit in Circuit Split on Injunctive Relief Under the Norris-LaGuardia Act

On December 29, 2025, the Ninth Circuit upheld a district court’s refusal to grant Amazon’s request for a preliminary injunction to pause an ongoing unfair labor practice proceeding while Amazon litigates its constitutional… more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

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
 /  Construction Law, Labor & Employment Law, Workers' Compensation

Halted: Federal Judge Stops Enforcement of California’s Recently Enacted Labor Law

On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement of recently enacted labor… more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

New Year, New Board – NLRB Nominations Confirmed, Board Regains Quorum

On December 18, 2025, the U.S. Senate confirmed the appointments of Members Scott Mayer and James Murphy, and General Counsel (“GC”) Crystal Carey, to the National Labor Relations Board (“NLRB” or the “Board”). Eleven months… more
 /  Administrative Law, Labor & Employment Law

No Injunction for You: Third Circuit Rejects Employer Bid to Halt NLRB Case, Setting up Circuit Split

In a significant decision, the Third Circuit Court of Appeals held on December 3, 2025 that federal courts lack jurisdiction to issue injunctions that would halt ongoing National Labor Relations Board (“NLRB”) administrative… more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

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

Updated: Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit; the Court Says No.

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
 /  Administrative Law, Constitutional Law, Labor & Employment Law

Removable At Will: D.C. Circuit Strips NLRB Members Of Job-Removal Protections

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 because… more
 /  Administrative Law, Constitutional Law, Labor & Employment Law
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