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The National Labor Relations Act › Employment Litigation

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Clark Hill PLC

National Labor Relations Board updates guidance for investigating salting cases

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On July 24, the National Labor Relations Board’s Acting General Counsel, William B. Cowen, issued updated guidance for investigating salting cases that will likely enhance employers’ chances of prevailing before the board....more

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

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Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

Littler

Third Circuit Affirms NLRB’s Totality of the Evidence Test in Finding that a Single Employee’s Conduct Constituted Protected...

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On June 23, 2025, in Miller Plastic Products Inc. v. National Labor Relations Board, the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct was protected...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

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In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2025

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In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...more

Proskauer - Labor Relations Update

Myers Lives: Third Circuit Affirms Precedent Shift But Remands Finding of Protected Concerted Conduct in Light of Affirmative...

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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

Littler

Puerto Rico Supreme Court: State Courts Lack Jurisdiction Over Labor Cases Governed by the NLRA

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The Supreme Court of Puerto Rico recently issued an important decision limiting the role of Puerto Rico’s courts in labor complaints that involve conduct governed by the National Labor Relations Act (NLRA). In Rodríguez...more

Husch Blackwell LLP

The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II

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Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National...more

Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

Proskauer - Labor Relations Update

Circuit Court Roundup: DC Cir. Rejects NLRB’s “Irrational” Impasse Ruling, 4th Cir. Green-Lights Union’s “Sharp-Elbowed” Campaign

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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

CDF Labor Law LLP

Ninth Circuit Holds Work-Preservation Defense Available in Section 8(b)(4)(D) Jurisdictional Disputes

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Sometimes employers are subject to multiple collective bargaining agreements (CBA’s) that allow different unions to perform the same work for the employer. When this issue arises, the employer cannot resolve the dispute...more

Proskauer - Labor Relations Update

SAG-AFTRA Strikes Back:  Files ULP Over AI Darth Vader in Fortnite

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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

Littler

Littler Lightbulb – May Employment Appellate Roundup

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Fourth Circuit Dismisses White Employee’s Race, Gender, and Retaliation Claims - Barnhill v. Pamela Bondi, __ F.4th __ (4th Cir. May 15, 2025) involved claims by a white Department of Justice Drug Enforcement Administration...more

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

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A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more

Miller Nash LLP

Oregon Cannabis Employers No Longer Need to Comply with Measure 119 and Obtain Labor Peace Agreements

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On May 20, 2025, the U.S. District Court for Oregon permanently prohibited Oregon state officials from enforcing Measure 119. In 2024, Oregon voters approved Measure 119, which became effective on December 5, 2024. Measure...more

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

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The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Fisher Phillips

Is Darth Vader Luring AI to the Dark Side of Labor Law? Why Latest Union Battle Means Employers Should Proceed with Caution

Fisher Phillips on

A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...more

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

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On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Davis Wright Tremaine LLP

A Ceasefire in the Jurisdictional (Star) Wars: SpaceX and the NLRB Seek Guidance from National Mediation Board

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Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more

Oppenheimer Investigations Group

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

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A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

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After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Husch Blackwell LLP

The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and...more

Shipman & Goodwin LLP

A New Challenge to Mandatory Labor Peace Agreements Is Filed While Another Is Dismissed

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On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

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Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Epstein Becker & Green

NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now

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The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board...more

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