On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more
4/11/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Quorum ,
SCOTUS ,
Stays ,
Trump Administration
As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or...more
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
President Trump has nominated Crystal Carey to serve as the next National Labor Relations Board General Counsel. The appointment is subject to Senate confirmation. If confirmed, Ms. Carey would replace the current Acting...more
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
Not waiting for the appointment of a new General Counsel after President Trump’s discharge of both the previous General Counsel and then Acting General and suggesting that his motivation related to the workload of the Agency,...more
2/20/2025
/ Biden Administration ,
Corporate Counsel ,
Employee Rights ,
Employment Policies ,
Enforcement Actions ,
Labor Reform ,
NLRA ,
NLRB ,
Presidential Memorandum ,
Section 7 ,
Trump Administration
On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No....more
2/7/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Constitutional Challenges ,
Employees ,
Executive Orders ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
SpaceX ,
Unions
On February 1, 2025, five (5) days after President Trump fired NLRB Member Gwynne A. Wilcox, and NLRB General Counsel Jennifer A. Abruzzo, President Trump fired the NLRB’s second-ranked attorney, NLRB Deputy General Counsel...more
On January 27, 2025, President Trump fired National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, marking the first time that a president has ever attempted to remove a Board member prior to the end of...more
1/29/2025
/ Article II ,
Constitutional Challenges ,
Employment Litigation ,
Federal Labor Laws ,
Judicial Review ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Agencies ,
Trump Administration
On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully...more
1/3/2025
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Appeals ,
Cease and Desist ,
Compensation ,
Jurisdiction ,
Labor Law Violations ,
NLRA ,
NLRB ,
Starbucks ,
Unfair Labor Practices ,
Vacated ,
Wrongful Termination
On December 11, 2024, the U.S. Senate voted 49-50 against invoking cloture on President Biden’s nomination of Lauren McFerran (Democrat appointee) for the National Labor Relations Board (“NLRB” or “Board”). As reported here,...more
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more
12/3/2024
/ Compensation ,
Confidentiality Agreements ,
Employee Definition ,
Employee Handbooks ,
Injunctive Relief ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Protected Activity ,
Severance Agreements ,
Surveillance ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions
Throwing out 75 Years of precedent in a single decision, on November 13, 2024, in Amazon.com Services LLC, the National Labor Relations Board (the “Board”) the Board overruled the seminal case of Babcock & Wilcox Co., 77 NLRB...more
On November 8, 2024, in Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (the “Board”) ruled that employers may violate the National Labor Relations Act (the “Act”) by making statements to workers...more
On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such...more
9/12/2023
/ Damages ,
Equitable Relief ,
General Meetings ,
New York ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Penalties ,
Political Speech ,
Religious Beliefs ,
State Labor Laws ,
Unions
In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling...more
Continuing the rapid flow of overturned precedents, in a 3-1 decision released on August 31, the National Labor Relations Board (“NLRB” or “Board”) redrew the line on when a single person’s individual action could be...more
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more
Earlier this month, the National Labor Relations Board (“NLRB”) issued its decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that not only are most non-disparagement and confidentiality clauses signed by employees...more
The National Labor Relations Board continues its December precedent merry-go-round with a return to the Specialty Healthcare, 357 NLRB 934 (2011) (“Specialty Healthcare”) standards for bargaining unit determinations. In...more
In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor...more
Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. ...more
With Congress failing to make the organizing process easier for unions, the NLRB General Counsel Jennifer Abruzzo is now asking the Board to require employers to recognize unions without a secret ballot election.
As...more
4/14/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Secret Ballot ,
Union Elections ,
Unions
For decades, employers had been free to gather employees to discuss – in a non-coercive manner – the employer’s views on unionization, and had been free to share with employees what employees’ rights were with respect to the...more
In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more
4/2/2021
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Confidentiality Agreements ,
Elon Musk ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Section 7 ,
Tesla ,
Twitter ,
Unions