News & Analysis as of

Collective Bargaining National Labor Relations Board

Jackson Lewis P.C.

NLRB Sues to Block California Bill Expanding PERB Responsibilities

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The National Labor Relations Board (NLRB) has filed a lawsuit against the state of California seeking to block a new law that would allow the California Public Employment Relations Board (PERB) to take on responsibilities...more

Blank Rome LLP

The Cannabis Labor Crossroads: Historic Strikes, Labor Peace Agreements (“LPAs”), and What Comes Next

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Two ongoing strikes in the cannabis industry—one in Michigan and one in Pennsylvania—have become the longest work stoppages in the industry’s history, arriving just as more states integrate labor peace or collective...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Overlapping Jurisdictions: California Enacts Law Allowing State to Resolve Labor Disputes When NLRB Cannot

California has joined New York in enacting a law to allow the state to regulate private sector labor disputes when the National Labor Relations Board (NLRB) is unable to act or declines to do so. ...more

Foley & Lardner LLP

Navigating NLRA Compliance During the Government Shutdown

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When the federal government shuts down, many agencies — including the National Labor Relations Board (NLRB or the “Board”) — scale back and, in some instances, suspend operations. For employers, this can create uncertainty...more

Shipman & Goodwin LLP

NLRB Exercises Jurisdiction Over Cannabis Company

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On May 23, 2025, a National Labor Relations Board (“NLRB”) administrative law judge held that a cannabis company violated the National Labor Relations Act (“NLRA”) by laying off store associates without bargaining the impact...more

Jackson Lewis P.C.

Assembly Bill 288: Expanded Worker Rights and PERB’s New Authority

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California’s labor landscape is changing with the passage of Assembly Bill (AB) 288, which expands both worker rights and the authority of the state’s Public Employment Relations Board (PERB). Employers should be aware of...more

Jackson Lewis P.C.

Special Report - Preparing for a Government Shutdown: Key Employment and Compliance Considerations for Federal Contractors

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A government shutdown looms at 12:01 a.m. on Wednesday, Oct. 1, when the current government funding expires. Appropriations bills that fund government operations are not expected to pass before the start of the new fiscal...more

Davis Wright Tremaine LLP

New York State Passes Law That Threatens to Create a Patchwork Approach to Private-Sector Labor Law

In a significant development, New York enacted S.8034A, a law that would transform its Public Employment Relations Board (PERB) into a mini-National Labor Relations Board (NLRB). Under the new law, PERB would have new...more

Eversheds Sutherland (US) LLP

Federal-state Labor Law Conflict: NLRB Challenges New York’s S.8034A

The National Labor Relations Act (NLRA or the Act), enacted in 1935, is the cornerstone of private-sector labor law in the United States. Section 7 of the NLRA guarantees employees the right to organize, bargain collectively,...more

CDF Labor Law LLP

California’s AB 288: A Bold Attempt to Give PERB Jurisdiction Over Private Employers

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California employers may soon find themselves navigating a new—and legally uncertain—layer of labor law enforcement. Assembly Bill 288 (AB 288), recently introduced in Sacramento, proposes to expand the authority of the...more

Littler

When Boards Collide: PERB vs. NLRB and the Compliance Crossfire

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Unless you’ve been skipping the news lately, it’s no surprise that California and the federal administration don’t see eye to eye on many policies, let alone labor relations. Cue AB288 – a bill just passed by the legislature...more

Foley & Lardner LLP

Did the Fifth Circuit Just Render the NLRB Helpless to Enforce Its Own Laws?

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A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place. If so, the implications for leveraging collective bargaining negotiations and strategies in...more

Proskauer Rose LLP

Union Interference Lessons From 5th Circ. Apple Ruling

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In a closely watched decision on July 7 — and the latest of many federal appeals court decisions reviewing orders from the National Labor Relations Board — the U.S. Court of Appeals for the Fifth Circuit tackled employer...more

Jackson Lewis P.C.

Many States’ Employee-Friendly Labor Laws Take Effect as NLRB Remains Quorum-Less

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The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more

CDF Labor Law LLP

NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions

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The National Labor Relations Board (NLRB) has not previously addressed whether the surreptitious recording of collective bargaining sessions is a standalone violation of the National Labor Relations Act (NLRA). However, with...more

BakerHostetler

“Please (Don’t) Speak into My Lapel”: Secret Recordings at the Bargaining Table Are Now a Per Se Violation of the NLRA

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Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more

Lippes Mathias LLP

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

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In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more

Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Epstein Becker & Green

President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board

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On July 17, 2025, President Trump announced that he was nominating Scott Mayer and James R. Murphy, both Republicans, to serve as Members of the National Labor Relations Board....more

Fisher Phillips

Employers Still Need to Follow Tighter Standard When Unions Request Recognition: A Review of 2 Years of Post-Cemex Decisions

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Next month marks the second anniversary of a controversial National Labor Relations Board (NLRB) decision that overruled decades-old precedent and made it easier for unions to organize but harder for employers to counter...more

Sheppard Mullin Richter & Hampton LLP

NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se...

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the...more

BakerHostetler

‘Preemption? What Preemption?’ New York Bill Attempts To Supplant the NLRB

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The National Labor Relations Board (NLRB or the Board) has been in a state of limbo since the beginning of President Donald J. Trump’s second term. Now, New York is trying to fill that void....more

CDF Labor Law LLP

The Faster Contract Act: A Republican-Proposed Landmark Shift in Labor Negotiations

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Senate Bill 844, also known as The Faster Labor Contracts Act was introduced in March 2025. As labor relations matters continue to stagnate before the quorum-less National Labor Relations Board (“NLRB”), this new bill is...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

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The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more

Proskauer - Labor Relations Update

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

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