Author Info for Proskauer - Labor Relations Update

Taylor Arluck

Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations

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

Corporate Counsel, Employer Responsibilities, Employment Discrimination, Investigations, Job Applicants

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Raymond Arroyo

Trump Appoints New NLRB GC, Subject to Senate Confirmation

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

Labor Relations, NLRB, NLRB General Counsel, Nominations, Trump Administration

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Joseph Baumgarten

CARES ACT Relief for Mid-Size Businesses Comes with Important Union Related Conditions

Mid-sized businesses (defined as 500 to 10,000 employees) impacted by the Coronavirus may be able to obtain relief loans under the COVID-19 stimulus law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), but… more

Abrogation, CARES Act, Collective Bargaining, Coronavirus/COVID-19, Federal Loans

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Alexander Blutman

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB… more

Appeals, Collective Bargaining, NLRA, NLRB, Unfair Labor Practices

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Edward Brill

NLRB Rules That Graduate Students Are Employees

Yesterday, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student… more

Brown University, Collective Bargaining, Colleges, Educational Institutions, Graduate Students

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Ariel Brotman

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful

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. 24-60242… more

Appeals, Corporate Counsel, Employee Rights, Employer Responsibilities, Employment Policies

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E. Sydney Cone

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly standard… more

Employee Definition, Employer Liability Issues, Freelance Workers, Gig Economy, Hiring & Firing

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Peter Conrad

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First Contract

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board overturned… more

Administrative Law Judge (ALJ), Collective Bargaining Agreements (CBA), Discipline, Duty to Bargain, Employer Liability Issues

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Elizabeth Dailey

NLRB Returns to Exacting “Clear and Unmistakable” Waiver Standard for Contractual Waiver of Right to Bargain Over Unilateral Changes

This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when… more

Collective Bargaining, Contract Waiver, NLRA, NLRB, Unfair Labor Practices

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Daniel Dorson

(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power

On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near… more

Amazon, Appeals, Cease and Desist Orders, Certiorari, Employment Litigation

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Ross Evans

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

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

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

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Laura Fant

NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA

On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions… more

Administrative Law Judge (ALJ), Compensation, Employee Rights, Infringement, NLRA

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Scott Faust

NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases

On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial… more

Administrative Law Judge (ALJ), Adverse Employment Action, Employment Discrimination, NLRA, NLRB

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Melissa Felcher

Here We Go Again: Board Resurrects “Quickie” Election Rules

With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the “Board”) continues to make… more

Appeals, NLRB, Quickie Election Rules, Rulemaking Process, Union Elections

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Joshua Fox

Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit

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 and… more

Appeals, Coronavirus/COVID-19, Duty of Fair Representation, Employer Mandates, Employment Litigation

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Meika Freeman

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come!

The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election… more

Blocking Power, NLRA, NLRB, NPRM, Proposed Amendments

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David Gobel

NLRB Issues “Fair Choice-Employee Voice” Final Rule

On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that… more

Collective Bargaining, Construction Industry, Decertification, Final Rules, NLRA

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Yonatan Grossman-Boder

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA

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

Collective Bargaining, Employee Rights, Employer Responsibilities, NLRA, NLRB

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Jeffrey Horwitz

New York City to License Hotels: What You Need to Know

On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct… more

Anti-Retaliation Provisions, City of New York, Civil Monetary Penalty, Collective Bargaining Agreements (CBA), Employment Policies

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Larenz Jones

Unionization in Higher Education on the Rise – and Proskauer is Actively in the Thick of It

A recent report from the National Center for the Study of Collective Bargaining in Higher Education and the Professions underscores the dramatic increase in unionization across higher education—particularly in the private… more

Collective Bargaining, Colleges, Department of Labor (DOL), Unions, Universities

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Olympia Karageorgiou

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside of… more

Administrative Law Judge (ALJ), Black Lives Matter, Hiring & Firing, NLRA, NLRB

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Delia Karamouzis

NLRB Delivers Ban on Captive-Audience Meetings in Amazon Case

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

Amazon, Employee Rights, Free Speech, NLRA, NLRB

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Rachel Kessler

BREAKING: Texas District Court Strikes Down NLRA Joint Employer Rule

On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas… more

Appeals, Chamber of Commerce, Contract Terms, Joint Employers, NLRA

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Mallory Knudsen

Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit

On May 2, 2024, the U.S. Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corp., v. NLRB, No. 24-40315 (5th Cir. 2024), granted SpaceX’s Emergency Motion for Injunction Pending Appeal, essentially… more

Administrative Law Judge (ALJ), Appeals, En Banc Review, NLRB, Preliminary Injunctions

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Arielle Kobetz

NYC Enacts Severance Pay Requirements for Displaced Hotel Workers

Effective as of October 5, 2021, Int. 2397-2021 requires operators of “transient hotels” (as defined by Section 12-10 of the New York City zoning resolutions) to pay their employees severance pay if: 1. the hotel closed to the… more

Hiring & Firing, Hospitality Industry, Hotels, Labor Reform, Layoffs

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Michael Kratochvil

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

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 now… more

Administrative Procedure Act, Appeals, Constitutional Challenges, Employment Litigation, Hiring & Firing

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Sehreen Ladak

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of the… more

Administrative Law Judge (ALJ), Black Lives Matter, Corporate Counsel, Employees, Employer Liability Issues

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Michelle Lappen

NLRB: Initial Burden of Union Animus Met Largely by Timing of Employer’s Discharge of Employee

It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National… more

Administrative Law Judge (ALJ), Burden-Shifting, Employer Liability Issues, NLRA, NLRB

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Michael Lebowich

New York Assembly Passes Bill To Fill Void As NLRB Lacks Quorum, Raising Preemption Concerns

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

Government Agencies, Labor Relations, New Legislation, New York, NLRA

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Adam Lupion

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

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

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

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Tony Martinez

United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements

In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor… more

Centers for Medicare & Medicaid Services (CMS), Federal Acquisition Regulations (FAR), Federal Contractors, GAO, Labor Management Relations Act (LMRA)

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Austin McLeod

President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains

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

Federal Labor Laws, Government Agencies, Labor Reform, Labor Relations, NLRA

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Hannah Morris

When It Rains, It Pours –Several Appeals Lined Up to Challenge NLRB Precedent in Court

We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive… more

Collective Bargaining, Drug Testing, Injunctive Relief, NLRA, NLRB

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Dixie Morrison

Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit

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 and… more

Appeals, Coronavirus/COVID-19, Duty of Fair Representation, Employer Mandates, Employment Litigation

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Morgan Peterson

Case Update: Union Extortion Claims Get Another Chance after Third Circuit Remand

As promised (see prior post here), we are providing an update on the Third Circuit’s decision in Care One Management LLC et al. v. United Healthcare Workers East, et al. As we addressed at the time, this cased involved… more

Assisted Living Facilities (ALFs), Extortion, Labor Management Relations Act (LMRA), Nursing Homes, Remand

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David Picon

President Biden Signs Executive Order Requiring Project Labor Agreements for Large-Scale Federal Construction Projects ($35 Million)

On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”), which requires the federal government to require a project labor agreement… more

Biden Administration, Construction Project, Executive Orders, Federal Contractors, Labor Reform

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Steven Porzio

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

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

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

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Howard Robbins

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

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

Compensation, Confidentiality Agreements, Employee Definition, Employee Handbooks, Injunctive Relief

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Abigail Rosenblum

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality Policy

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

Administrative Law Judge (ALJ), Collective Bargaining, Confidentiality Agreements, Elon Musk, Employee Rights

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Paul Salvatore

Hard Bargaining Gone Bad: D.C. Cir. Upholds NLRB’s Bad-Faith Finding

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

Appeals, Arbitration, Employment Litigation, Federal Labor Laws, Healthcare

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Shanice Smith-Banks

Oregon’s Cannabis Labor Peace Law Struck Down

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 of… more

Appeals, Cannabis-Related Businesses (CRBs), Constitutional Challenges, First Amendment, Judicial Authority

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Yuval Tal

New York City to License Hotels: What You Need to Know

On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct… more

Anti-Retaliation Provisions, City of New York, Civil Monetary Penalty, Collective Bargaining Agreements (CBA), Employment Policies

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Scott Tan

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good… more

Administrative Law Judge (ALJ), Collective Bargaining, Collective Bargaining Agreements (CBA), Discipline, Duty to Bargain

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Mark Theodore

NLRB Returns to Exacting “Clear and Unmistakable” Waiver Standard for Contractual Waiver of Right to Bargain Over Unilateral Changes

This week, in an expected decision, the National Labor Relations Board (“NLRB” or “Board”) reinstated its prior “clear and unmistakable” waiver standard—a standard that has been much criticized by the courts—for determining when… more

Collective Bargaining, Contract Waiver, NLRA, NLRB, Unfair Labor Practices

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Chad Thornton

The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract

While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report… more

Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Rights, Employment Contract, SEIU

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Dakota Treece

House Committee Attempts to Secure “PRO Act” Changes to Labor Law Through Reconciliation Process of Next Federal Budget

As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and labor-management… more

Budget Reconciliation, Federal Budget, Labor Reform, Legislative Agendas, Lockouts

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Jacob Tucker

New York State Bill Mandating COVID-19 Safety Standards in the Workplace Provides Carve-out for Unionized Employers

As discussed in greater detail here, Governor Andrew Cuomo is poised to sign into law S.1034B/A.2681B, also referred to as the New York Health and Essential Rights Act, or the “Hero Act.” The Hero Act has two main components… more

Coronavirus/COVID-19, Employer Liability Issues, Governor Cuomo, Health and Safety, Infectious Diseases

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Claudia Khoury-Yacoub

Third Circuit Rejects RICO Claim Filed Against Unions for Conduct During Corporate Campaign By Adopting A Union’s “Claim-of-Right” Defense

The Third Circuit issued a noteworthy split 2-1 decision last month, finding that a company’s claim under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) against several Unions failed, where the Unions’… more

Abuse of Process, Collective Bargaining, Extortion, Healthcare Workers, Hobbs Act

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Proskauer - Labor Relations Update

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