On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more
4/8/2025
/ Appeals ,
Constitutional Challenges ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more
4/2/2025
/ Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
NRLA ,
Statutory Interpretation ,
Trump Administration ,
Unions
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
3/13/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Executive Orders ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Quorum ,
Removal ,
Trump Administration ,
Unions
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
3/6/2025
/ California ,
Constitutional Challenges ,
Employees ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Labor Code ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
State Labor Laws ,
Unions
On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB”) William B. Cowen issued his first General Counsel Memorandum (“GC Memo”) GC 25-05 rescinding nearly all of the Biden...more
2/27/2025
/ Corporate Counsel ,
Damages ,
Employee Rights ,
Employment Litigation ,
Labor Reform ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Regulatory Agenda ,
Settlement ,
Unfair Labor Practices ,
Unions
As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policies, and shifting toward increasingly more...more
On September 30, 2024, Governor Gavin Newsom signed into law SB 399. Starting January 1, employers are officially banned from holding captive audience meetings—mandatory employer-sponsored meetings that discuss religious or...more
As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more
On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more
8/23/2024
/ California ,
Employer Liability Issues ,
General Assembly ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
NLRA ,
NLRB ,
State and Local Government ,
State Bans ,
State Legislatures ,
Unfair Labor Practices ,
Unions
On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more
8/20/2024
/ Employer Liability Issues ,
Employment Litigation ,
Final Rules ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Union Elections ,
Unions
A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more
7/31/2024
/ Administrative Law Judge (ALJ) ,
Ambiguous ,
Chevron Deference ,
Employer Liability Issues ,
Employment Litigation ,
Government Agencies ,
Labor Disputes ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
SCOTUS ,
SpaceX ,
Statutory Interpretation ,
Unconstitutional Condition ,
Unions
On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more
On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more
On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more
On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more
5/8/2024
/ California ,
Cannabis-Related Businesses (CRBs) ,
Commercial Litigation ,
Declaratory Relief ,
Employer Liability Issues ,
Employment Litigation ,
Fifth Amendment ,
Fourteenth Amendment ,
Injunctive Relief ,
Legislative Agendas ,
Licensing Rules ,
NLRA ,
NLRB ,
Preemption ,
State Legislatures ,
Unions
Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more
4/22/2024
/ Employees ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Rulemaking Process ,
Section 7 ,
Unfair Labor Practices ,
Unions
As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more
10/23/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On August 31, 2023, the National Labor Relations Board (“NLRB” or “Board”) adopted a broader test for what is considered “protected concerted activity” under the National Labor Relations Act (“NLRA” or the “Act”). Section 7...more
On August 2, 2023, the National Labor Relations Board (the “NLRB” or “Board”) issued its decision in Stericycle Inc., 372 NLRB No. 113 (2023) (“Stericycle”) overruling the standards established in The Boeing Company, 365 NLRB...more
As we previously reported here, at the beginning of 2023, the Supreme Court heard oral argument on one of the most anticipated labor cases on the high court’s docket in decades to address whether the National Labor Relations...more
On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more
6/13/2023
/ Antitrust Division ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Proposed Rules ,
Section 7 ,
Unfair Labor Practices ,
Unions
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more
On March 20, 2022, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers updating the cases they are...more
On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board...more
The new year begins with one of the most anticipated labor cases on the high court’s docket in decades. On January 10, 2023, the U.S. Supreme Court heard oral argument in Glacier Northwest, Inc. v. International Brotherhood...more