Inside the Federal Election Commission: Keeping the Mission Alive with Just Two Commissioners
1. The National Labor Relations Board lacked the three-member quorum required to issue decisions for the majority of 2025. Board vacancies, delayed confirmations, and ongoing litigation over Board composition limited the...more
In this Early Returns episode, host Jan Baran speaks with the entire current Federal Election Commission, Chair Shana Broussard and Commissioner Dara Lindenbaum, the only two commissioners remaining after four departures left...more
This past week brought several notable developments in employment law. The full Fifth Circuit agreed to revisit a major constitutional challenge to the Pregnant Workers Fairness Act (PWFA), raising policy and...more
On January 7, James Murphy and Scott Mayer, as National Labor Relations Board (NLRB or Board) members, and Crystal Carey, as the NLRB’s General Counsel (GC), were sworn into their roles following their confirmation votes in...more
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...more
In a hectic world, public agencies (including school boards) must sometimes act promptly to address urgent matters requiring immediate action, including actions that require a vote by the board itself. So how swiftly can a...more
The National Labor Relations Board (NLRB) is back to operating after recent confirmations restored a quorum and a new General Counsel. While the Board can once again issue decisions, it currently lacks the votes needed to...more
The feds are hopping! I’ll keep this short so you can get to your long weekend. There have been four hot developments in employment law. Here’s the scoop: No. 1: "Are you or a loved one a white male? Call now for a...more
Late yesterday, the 5th Circuit Court of Appeals vacated the split panel opinion from August allowing enforcement of the Pregnant Workers Fairness Act (PWFA) against the state of Texas. The issue is whether the U.S....more
After nearly a year of operational uncertainty, the National Labor Relations Board (NLRB) is once again fully empowered to act. On December 18, 2025, the U.S. Senate voted to confirm Scott Mayer and James Murphy to the Board,...more
NLRB Has a Quorum! On January 7, Senate-confirmed National Labor Relations Board (NLRB) nominees James Murphy and Scott Mayer were sworn in as new Board members, giving the Board a 2-1 Republican majority. The Board now has...more
For the first time in nearly 12 months, the NLRB has a quorum and a Senate confirmed General Counsel. This morning, Crystal Carey was sworn in as GC and Scott Mayer and James Murphy were sworn in as Members. We are confident...more
The restored quorum of the U.S. Equal Employment Opportunity Commission (EEOC) signals a return to heightened enforcement activity in 2026. With a quorum in place and Andrea Lucas as chair, the EEOC is positioned to issue new...more
After nearly a year of interim leadership and inactivity at the top adjudicative level at the National Labor Relations Board (NLRB), the Agency is back on track. Recently, the Senate confirmed the President’s nominees, Scott...more
The National Labor Relations Board (NLRB or Board) is back. With President Donald Trump’s picks restoring a Republican majority and the installation of a seemingly management-friendly general counsel (GC), the Board is poised...more
On December 18, 2025, the Senate confirmed President Trump’s three nominees to the National Labor Relations Board (“NLRB” or the “Board”). The confirmation restores quorum for the NLRB, which was lacking for nearly an entire...more
The US National Labor Relations Board (NLRB or the Board) now has been revived with the recent confirmations of two new board members and a general counsel. The new board members give the NLRB a quorum and the ability to...more
After many months of operational limbo, the National Labor Relations Board (NLRB) has finally regained the quorum it needs to function. That means the Board can now resume issuing decisions, resolving election disputes, and...more
NLRB Regains a Quorum, but Few Quick Changes Expected On December 18, 2025, the U.S. Senate confirmed three nominees to the National Labor Relations Board. The nominees included James Murphy, who will now serve as Board...more
On December 18, 2025, the U.S. Senate approved President Trump’s nominees, James Murphy and Scott Mayer, to serve as members on the National Labor Relations Board (Board). With the additions of Murphy and Mayer, the Board...more
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
On December 18, 2025, the U.S. Senate confirmed three nominees to the National Labor Relations Board. The nominees included James Murphy, who will now serve as Board chair, Scott Mayer, who will serve as a Board member, and...more
On December 18, by a 53-43 vote, the Senate confirmed James Murphy and Scott Mayer as Members of the National Labor Relations Board (NLRB) along with Crystal Carey to serve as the agency’s General Counsel. The agency has...more
The tide may be turning against any state law attempting to supplant the National Labor Relations Board (NLRB or Board)....more
For the first time in 11 months, the National Labor Relations Board will likely have a quorum by year end, enabling it to start issuing decisions. Board member nominee Scott Mayer, a chief corporate labor counsel, was a...more