On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice...more
In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more
In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more
7/29/2025
/ Appeals ,
Coronavirus/COVID-19 ,
Duty of Fair Representation ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Labor Relations ,
Preemption ,
SAG ,
Unions ,
Vaccinations
On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an...more
Although the National Labor Relations Board (NLRB) has operated for most of this year without a quorum and thus unable to issue decisions, that could soon change. President Trump nominated Scott Mayer (chief labor counsel at...more
In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No....more
7/17/2025
/ Appeals ,
Corporate Counsel ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
The U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders continue to roll in.
Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University...more
On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union...more
Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions....more
As we previously reported here, since May 22, 2025, the National Labor Relations Board (“NLRB” or “Board”) has lacked a quorum of at least three members after the U.S. Supreme Court stayed the reinstatement of former Board...more
6/25/2025
/ Government Agencies ,
Labor Relations ,
New Legislation ,
New York ,
NLRA ,
NLRB ,
Preemption ,
Proposed Legislation ,
Quorum ,
State Labor Laws ,
Unions
While the National Labor Relations Board (“NLRB” or the “Board”) does not have a quorum, a pair of June 13, 2025 decisions by federal courts of appeal highlight key labor law issues under the National Labor Relations Act...more
On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more
6/12/2025
/ Appeals ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
First Amendment ,
Judicial Authority ,
Labor Relations ,
Marijuana ,
NLRA ,
Preemption ,
State Labor Laws ,
Unions
On May 19, 2025, the Screen Actors Guild‐American Federation of Television and Radio Artists (“SAG-AFTRA”)—the union representing actors, voice artists, and other media professionals—filed an unfair labor practice charge...more
Amidst ongoing transitions—with the Board operating with a quorum and the President’s nominee for General Counsel pending Senate confirmation—the National Labor Relations Board (“NLRB” or “Board”) released its Fiscal Year...more
On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more
On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the...more
The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a...more
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 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...more
3/27/2025
/ Appeals ,
Chevron Deference ,
Corporate Counsel ,
Denial of Certiorari ,
Employment Litigation ,
Labor Relations ,
Loper Bright Enterprises v Raimondo ,
NLRA ,
NLRB ,
Regulatory Reform ,
SCOTUS
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
The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....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