News & Analysis as of

Unfair Labor Practices

Genova Burns LLC

Circuit Courts Split Over NLRB Remedy Authority

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The scope of NLRB remedies for unfair labor practice violations has been disputed since December 2022, when the Board in a novel case called Thryv, Inc., expanded the definition of equitable remedy to include direct or...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Upholds NLRB Authority and Structure – Creating Split with Fifth Circuit

On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board (“NLRB”) against three constitutional challenges in NLRB v. North Mountain...more

Phelps Dunbar

Fifth Circuit Rejects NLRB’s Expansive View of “Make-Whole” Relief

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The U.S. Court of Appeals for the Fifth Circuit on October 31 issued a significant decision in Hiran Management, Inc. v. National Labor Relations Board, curbing the National Labor Relations Board’s (NLRB) authority to award...more

Proskauer - Labor Relations Update

Fifth Circuit Denies Enforcement of NLRB’s Enhanced Remedies, Widening Circuit Split

On October 31, 2025, the Fifth Circuit held that the National Labor Relations Board (“NLRB” or “Board”) impermissibly awarded compensatory damages to striking employees who were fired. As we reported here, the court’s ruling...more

Fisher Phillips

Backpay Fight Deepens as 5th Circuit Rejects NLRB’s Expanded Remedies – Will the Supreme Court Step In Next?

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A federal appeals court just dealt another blow to the National Labor Relations Board’s effort to expand monetary remedies against employers – and the widening split among federal circuits makes Supreme Court review...more

CDF Labor Law LLP

Ninth Circuit Upholds NLRB’s Structure

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A new Ninth Circuit Court of Appeal decision, NLRB v. North Mountain Foothills Apartments, LLC (Oct. 28, 2025), highlights the deepening split between federal appellate courts over the National Labor Relation Board’s (NLRB)...more

Proskauer - Labor Relations Update

Rejected: Ninth Circuit Denies Constitutional Attacks on NLRB

On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit...more

Akerman LLP

The Right to Talk Pay: What Employers Need to Know Under the NLRA

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The Ninth Circuit issued a reminder to all employers that employees discussing wages generally qualifies as protected activity under Section 7 of the National Labor Relations Act (NLRA). Accordingly, all employers need to be...more

Polsinelli

A Republican-Led NLRB May Soon Revisit Expanded Remedies and Other Labor Precedents

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Key Highlights - NLRB Poised for a Partisan Shift: With the Senate HELP Committee advancing two of President Trump’s nominees, the NLRB may soon regain a quorum and shift to its first Republican-led majority since 2021 —...more

Kelley Drye & Warren LLP

California’s AB 288: A New Era of State Labor Enforcement and Legal Uncertainty

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For a number of months, the National Labor Relations Board (“NLRB”) has been in flux, operating without a quorum, and thus, unable to hand down decisions. In the absence of an NLRB quorum, the California legislature has...more

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

McCarter & English, LLP

Broadway Labor Negotiations Avert Strike, Underscore Rising Pressures Over Health Care and Production Costs

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Tense negotiations on Broadway this month provide a vivid reminder of how fragile labor relations can become when economic pressures collide with workforce demands, underscoring the importance of proactive legal guidance for...more

Epstein Becker & Green

State Law Trends, “Captive Audience” Ban Clash, Rhode Island Menopause Law - #WorkforceWednesday® - Employment Law This Week®

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This week, we’re covering an uptick in state-level employment law activity, federal court decisions on “captive audience” bans, and Rhode Island's new menopause accommodation requirements. State Legislative Activity...more

Sheppard Mullin Richter & Hampton LLP

NLRB Challenges California’s AB 288 as Preempted by Federal Law

The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would...more

Littler

Policy Week in Review – October 17, 2025

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NLRB Challenges California Over New Labor Law  = The National Labor Relations Board (NLRB) on Thursday filed suit against the state of California and the Public Employment Relations Board (PERB) in the U.S. District Court...more

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

Works Council Initiators Not Protected in First Six Months of Employment, LAG Munich Rules

In its ruling of August 20, 2025 (Ref.: 10 SLa 2/25), the Munich Regional Labor Court (LAG Munich) decided that an employee who takes preparatory steps to establish a works council during the first six months of their...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

Fisher Phillips

Employer Guide to California’s New Workplace Laws Coming in 2026 (and Beyond)

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California lawmakers were busy this year, and Gov. Gavin Newsom just signed many bills into law that will impact the workplace starting in 2026. Here is a snapshot guide of some of the top new workplace laws taking effect...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

Vedder Price

AB 288: California Attempts to Step In as Federal Labor Enforcement Stalls

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On September 30, 2025, Governor Newsom signed AB 288 into law, which expands the jurisdiction of California’s Public Employment Relations Board (PERB) by allowing it to enforce private-sector labor rights when the National...more

Amundsen Davis LLC

Will SEC v. Jarkesy Reshape How the NLRB Operates? Fifth Circuit Bars NLRB From Prosecuting Unfair Labor

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On August 19, 2025, the Fifth Circuit Court of Appeals upheld injunctions barring the National Labor Relations Board (NLRB) from prosecuting unfair labor practices (ULP)/charges against three employers, including Space X....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

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

The Practical NLRB Advisor: Fall 2025

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2025 issue of the Practical NLRB Advisor. This issue discusses the host of challenges, both internally and...more

Fox Rothschild LLP

Captive Audience Ban Challenge Upheld

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California’s Captive Audience Ban, aka SB 399 (Labor Code § 1137) is in a temporary holding pattern. A California district court judge issued a preliminary injunction barring the government from enforcing the statute for now....more

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