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Labor Relations Government Agencies The National Labor Relations Act

Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

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Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Poyner Spruill LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit Court of Appeals sided with Elon Musk’s SpaceX and two other companies by barring the NLRB from prosecuting unfair labor practice cases on the grounds that the Board’s structure likely...more

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Fox Rothschild LLP

State Labor Bills are 'Very Likely' Unconstitutional, Top NLRB Lawyer Says

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State bills to regulate private sector labor disputes due to the National Labor Relations Board’s (NLRB) lack of a quorum — if enacted — would “very likely” violate the U.S. Constitution’s Supremacy Clause, according to NLRB...more

Vorys, Sater, Seymour and Pease LLP

Fifth Circuit Finds NLRB Structure Unconstitutional, Upholds Injunction

On Tuesday, August 19, the Fifth Circuit issued a highly anticipated decision upholding an injunction that prevents the National Labor Relations Board (“NLRB”) from prosecuting unfair labor practice cases against SpaceX, Aunt...more

Proskauer - Labor Relations Update

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

Epstein Becker & Green

President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board

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On July 17, 2025, President Trump announced that he was nominating Scott Mayer and James R. Murphy, both Republicans, to serve as Members of the National Labor Relations Board....more

Littler

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

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Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New...more

Proskauer - Labor Relations Update

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

CDF Labor Law LLP

NLRB has New Trump Appointed General Counsel

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Yesterday, President Donald J. Trump appointed William B. Cowen as Acting General Counsel of the National Labor Relations Board. Mr. Cowen began his career at the Board in 1979 after graduating law school. He served in...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

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