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Constitutional Challenges The National Labor Relations Act

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

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On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Oppenheimer Investigations Group

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

Shipman & Goodwin LLP

A New Challenge to Mandatory Labor Peace Agreements Is Filed While Another Is Dismissed

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On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more

Venable LLP

The Current State of Captive Audience Meetings

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Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months....more

Vorys, Sater, Seymour and Pease LLP

The NLRB Saga Continues: Gwynne Wilcox Re-Reinstated as NLRB Member, Then Reinstatement Stayed By SCOTUS

In the latest chapter in the evolving fight over the scope of executive power, the en banc D.C. Circuit reversed its prior stay, pending appeal, of the District Court’s order to reinstate Gwynne Wilcox to the NLRB. This means...more

Weintraub Tobin

Whiplash at the NLRB

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On April 7, 2025, National Labor Relations Board (NLRB) Member Gwynne Wilcox was again reinstated after initially being fired by President Trump in a short email on January 27, 2025, stating that he had lost confidence in...more

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

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Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Epstein Becker & Green

NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now

The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board...more

Littler

The Labor Law Ping-Pong Continues: Federal Appeals Court Allows NLRB Member Wilcox to Return to Work

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The U.S. Court of Appeals for the D.C. Circuit has ruled that National Labor Relations Board Member Gwynne Wilcox will return to work while she challenges her removal. This latest decision reverses a prior decision by a...more

CDF Labor Law LLP

As of This Morning, Wilcox Is Back and the NLRB Has a Quorum Again – At Least for Now

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NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) moves back and forth faster than a table tennis ball at an Olympic match....more

Miller Nash LLP

Staying in Compliance: Navigating Oregon Measure 119 for Cannabis Employers

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A recently passed Oregon ballot initiative likely violates federal labor laws—and requires Oregon employers to do the same to comply. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024....more

Proskauer - Labor Relations Update

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...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB in the balance: Did Trump have the right to terminate a Board member?

The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more

Sheppard Mullin Richter & Hampton LLP

Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more

FordHarrison

DC District Court Reinstates NLRB Member Wilcox

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On March 6, 2025, U.S. District Judge Beryl A. Howell from the U.S. District Court for the District of Columbia ordered that Gwynn Wilcox be reinstated to the National Labor Relations Board (NLRB) and complete her five-year...more

Genova Burns LLC

National Labor Relations Board Back to Quorum Strength as Member Wilcox Is Reinstated

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In an emphatic decision, Federal Court Judge Beryl Howell of the District of Columbia District ordered President Trump to reinstate NLRB Member Gwynne A. Wilcox to her Board seat. The President fired Wilcox, asserting unitary...more

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

Federal Judge Reinstates NLRB Member Wilcox, Removed by President Trump

National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia....more

Proskauer - Labor Relations Update

BREAKING: District Court Restores Status Quo Ante At NLRB

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

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Jackson Lewis P.C.

Staying Steady Amid NLRB Upheaval: Q&As on What Employers Can Expect

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Significant changes have occurred at the National Labor Relations Board (NLRB) following President Donald Trump’s inauguration. On Jan. 27, 2025, he fired the NLRB’s general counsel (GC), Jennifer Abruzzo, and Board...more

Faegre Drinker Biddle & Reath LLP

Updates From the Acting General Counsel and the Quorum-less National Labor Relations Board

Only a few weeks after President Donald Trump removed General Counsel Jennifer Abruzzo and Member Gwynne Wilcox, the new leadership of the National Labor Relations Board (the Board) has begun to make changes to Biden-era...more

Shipman & Goodwin LLP

Mandatory Labor Peace Agreements Challenged In Oregon Court

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Last week, an adult-use cannabis processor and retailer filed suit to challenge the constitutionality of a new Oregon law that now requires entry into a labor peace agreement for licensure. A labor peace agreement does not...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

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The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Constangy, Brooks, Smith & Prophete, LLP

A Valentine for some NLRB watchers: Former General Counsel memoranda rescinded

On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more

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