News & Analysis as of

National Labor Relations Board

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2026

The Beltway Buzz® is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Littler

Policy Week in Review – June 5, 2026

Littler on

NLRB Chair Murphy and General Counsel Carey Testify at House Subcommittee Hearing  - On June 4, the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing, with the National Labor Relations Board...more

McAfee & Taft

To see or not to see: Disciplined worker entitled to employer’s surveillance footage

McAfee & Taft on

Although it involves the claim of a union employee under the National Labor Relations Act (NLRA), a recent labor board decision reminds us that, under some circumstances, an employee may request that their employer provide...more

Fisher Phillips

What Retailers Need To Know About The NLRB’s Joint Employer Standard + 4 Compliance Steps To Take Now

Fisher Phillips on

Retail employers frequently operate through complex business arrangements – ranging from franchising models to staffing partnerships and in-store concessions. But, these relationships can unwittingly create potential legal...more

Constangy, Brooks, Smith & Prophete, LLP

Protected concerted activity: Non-union employers, beware!

This labor law applies to you, too. Most employers and Human Resources professionals know that employees have the legal right to make internal complaints about discrimination, harassment, compliance with wage-hour laws,...more

Nelson Mullins Riley & Scarborough LLP

Federal NDA Proposal Highlights Renewed Employer Interest in Confidentiality Agreements

The Trump Administration has proposed requiring current and future federal workers to sign nondisclosure agreements (NDAs) aimed at reducing unauthorized disclosures of non-public government information. The proposal was...more

Amundsen Davis LLC

Inside the NLRB: What Non-Union Employers Need to Know About NLRA Risk in 2026

Amundsen Davis LLC on

Although they may not realize it, even non-union employers face risk under the National Labor Relations Act. Everyday workplace decisions can trigger scrutiny and while the enforcement climate is shifting, the underlying risk...more

Phelps Dunbar

Fifth Circuit Rules “Unhinged” Workplace Profanity Not Protected Under the NLRA

Phelps Dunbar on

The U.S. Court of Appeals for the Fifth Circuit recently vacated and remanded a National Labor Relations Board (NLRB) ruling that had found Starbucks unlawfully terminated a union-supporting employee. The decision underscores...more

Bass, Berry & Sims PLC

Federal Appeals Court Upholds Bargaining Order, Sidesteps Review of NLRB’s Cemex Standard

Bass, Berry & Sims PLC on

For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the...more

Dinsmore & Shohl LLP

NLRB Asks Sixth Circuit to Revisit its Rejection of Cemex

Dinsmore & Shohl LLP on

Key Takeaways: In 2023, the NLRB implemented the Cemex framework, which allowed the NLRB to impose remedial bargaining orders even where a fair rerun election might be possible....more

Conn Maciel Carey LLP

[Event] Southeast Workplace Safety (OSHA & MSHA) and Labor & Employment Law Summit 2026 - June 23rd, Atlanta, GA

Conn Maciel Carey LLP on

Conn Maciel Carey LLP’s Southeast Workplace Safety (OSHA & MSHA) and Labor & Employment Law Summit is an in-person program conducted by attorneys in CMC’s national OSHA & Workplace Safety, MSHA & Mine Safety, and Labor &...more

Fisher Phillips

Summer School: What Educational Leaders Need to Know For The 2027 School Year

Fisher Phillips on

With graduations upcoming and students in the midst of final exams, leaders at education institutions know summer break is just around the corner. K-12 schools, colleges, and universities have spent this school year facing...more

Sheppard

Show the Harm: Sixth Circuit Narrows Path to NLRB Bargaining Injunctions, Creating Circuit Split

Sheppard on

On May 2, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Kerwin v. Trinity Health Grand Haven Hospital, clarifying the standard for obtaining injunctive relief under Section 10(j) of...more

Jackson Lewis P.C.

Sixth Circuit Raises Standard for NLRB Injunctions and Rejects Presumed Irreparable Harm

Jackson Lewis P.C. on

In its first opportunity to revisit its approach to Section 10(j) injunctions following the U.S. Supreme Court’s 2024 decision, the U.S. Court of Appeals for the Sixth Circuit rejected the circuit’s prior use of a less...more

Bass, Berry & Sims PLC

Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard

Bass, Berry & Sims PLC on

For many years, the National Labor Relations Board’s (NLRB) ability to obtain injunctive relief under Section 10(j) of the National Labor Relations Act (NLRA) was close to unrestrained....more

Akerman LLP

Profanity, Policy, and Protected Activity: Fifth Circuit Rebalances the Analysis

Akerman LLP on

In a significant decision for employers navigating employee misconduct during union activity, the Fifth Circuit vacated an NLRB ruling that found Starbucks unlawfully terminated a pro-union supervisor. The court held that the...more

Benesch

NLRB General Counsel Requests Reversal of Ban on Employer “Captive Audience” Meetings During Union Organizing Drives

Benesch on

The General Counsel of the National Labor Relations Board (the “Board” or “NLRB”) is signaling a significant shift in federal labor policy by taking the position that two Biden-Era Board decisions—both of which imposed new...more

Bradley Arant Boult Cummings LLP

The King Is Gone (So Are You)

Judge E. Grady Jolly owned a whiskey decanter that looked like Elvis, a reference to the tongue-in-cheek 1989 George Jones hit, “The King is Gone (So Are You).” He proudly displayed this kitschy object on a shelf in his home...more

Akerman LLP

When Refusal Isn’t Enough: The Sixth Circuit Slams the Brakes on 10(j) Relief

Akerman LLP on

In a significant post‑Starbucks ruling, the Sixth Circuit held that failure to bargain alone is not enough to justify an NLRB injunction absent specific evidence of immediate harm. The court vacated an injunction requiring...more

Foley Hoag LLP - Cannabis and the Law

NLRB Rules that Post-Harvest Workers are Covered by Federal Labor Law

As we previously blogged, the line between “agricultural” work and “processing” work in the cannabis industry has real consequences for whether workers can unionize under federal labor law. Agricultural employees are excluded...more

Littler

Littler Lightbulb – April 2026 Employment Appellate Roundup

Littler on

Fifth Circuit Vacates NLRB Order Regarding Company Subpoenas During Union Organizing Campaign - In Starbucks v. NLRB, __ F.4th __ (5th Cir. Apr. 17, 2026), the Fifth Circuit vacated the National Labor Relations Board’s (NLRB)...more

Bricker Graydon Wyatt LLP

You Can't Say That! Actually... You Can

Picture this: as a manager, you are friends with a few employees from work on Facebook. You are scrolling through your page one night when you see an employee’s post criticizing you and other members of management. ...more

Proskauer Rose LLP

Latest NLRB Pick Could Put 4 Key Rulings On Chopping Block

Proskauer Rose LLP on

On April 13, President Donald Trump nominated James Macy to fill the third vacant Republican seat on the National Labor Relations Board and renominated current Democratic NLRB member David Prouty to serve a second term. ...more

Saul Ewing LLP

New Guidance From the Federal Government About What Constitutes a Joint Employer

Saul Ewing LLP on

The consequences of being deemed a “joint employer” are significant. It can mean that one company is liable to or for the employees of another company in several contexts, including compliance with wage and hour, safety and...more

Dinsmore & Shohl LLP

Sixth Circuit Outlines the Requirements for 10(j) Injunctions After Starbucks: No Injunction Without Proof of Irreparable Harm

Dinsmore & Shohl LLP on

Key Takeaways - Sixth Circuit applies Starbucks, requiring full four-factor test for Section 10(j) injunctions....more

8,303 Results
 / 
View per page
Page: of 333

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

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide