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The National Labor Relations Act › Employment Litigation › Appeals

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 -
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

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

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

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

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

Littler

The Labor Law Ping-Pong Continues: Federal Appeals Court Allows NLRB Member Wilcox to Return to Work

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The U.S. Court of Appeals for the D.C. Circuit has ruled that National Labor Relations Board Member Gwynne Wilcox will return to work while she challenges her removal. This latest decision reverses a prior decision by a...more

CDF Labor Law LLP

As of This Morning, Wilcox Is Back and the NLRB Has a Quorum Again – At Least for Now

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NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) moves back and forth faster than a table tennis ball at an Olympic match....more

Proskauer - Labor Relations Update

NLRB Firing Decision Stayed; Board to Stay Without a Quorum

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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

Proskauer - Labor Relations Update

Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright

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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

Epstein Becker & Green

Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the...

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To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement....more

Constangy, Brooks, Smith & Prophete, LLP

Judge nixes termination of NLRB member

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The Board has a quorum again . . . for now. In one of his first acts after taking office, President Trump fired Gwynne Wilcox, a Democratic member of the National Labor Relations Board and former Chairman....more

Proskauer - Labor Relations Update

BREAKING: District Court Restores Status Quo Ante At NLRB

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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

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

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In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more

Benesch

Ninth Circuit Diverges from Third Circuit on Scope of National Labor Relations Board’s Remedial Power, Ripening Issue for Supreme...

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As previously reported, the Third Circuit Court of Appeals handed Starbucks a victory in NLRB v. Starbucks Corp. by vacating part of an order issued by the National Labor Relations Board (“Board” or “NLRB”) requiring...more

Proskauer - Labor Relations Update

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

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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

Proskauer - Labor Relations Update

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

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On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

Seward & Kissel LLP

Employment Litigation Roundup: March 2024

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New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

Benesch on

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Miles & Stockbridge P.C.

5th Circuit Reverses NLRB, Approving Dress Code Ban on Union Shirts

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The National Labor Relations Board (NLRB) issued a controversial decision last year significantly limiting a company’s ability to implement and enforce uniform and dress code policies. In Tesla, Inc., 317 NLRB No. 131 (2022),...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2023

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October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Perkins Coie

Ninth Circuit Affirms District Court’s Dismissal of Claims as Preempted by NLRA and Class Action Settlement

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The U.S. Court of Appeals for the Ninth Circuit, on March 18, 2022, applying de novo review, affirmed the district court’s dismissal of plaintiff Cesar Moreno’s wrongful termination claims against his former employer,...more

Bradley Arant Boult Cummings LLP

You Are Not on the List, Sir: Eleventh Circuit Affirms Dismissal of Right-to-Work Claim

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So, the union has an agreement with the company’s management that only those on their predetermined qualification list can be selected for a job. Would that list, or at least the administrative arm for that list, be...more

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