NLRB, Employee Rights, Appeals

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

Proskauer - Labor Relations Update on 7/17/2025

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

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

Proskauer - Labor Relations Update on 7/2/2025

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

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

Littler on 6/10/2025

On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory...more

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

Vorys, Sater, Seymour and Pease LLP on 5/30/2025

The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

The NLRB Saga Continues: Gwynne Wilcox Re-Reinstated as NLRB Member, Then Reinstatement Stayed By SCOTUS

Vorys, Sater, Seymour and Pease LLP on 4/11/2025

In the latest chapter in the evolving fight over the scope of executive power, the en banc D.C. Circuit reversed its prior stay, pending appeal, of the District Court’s order to reinstate Gwynne Wilcox to the NLRB. This means...more

Whiplash at the NLRB

Weintraub Tobin on 4/11/2025

On April 7, 2025, National Labor Relations Board (NLRB) Member Gwynne Wilcox was again reinstated after initially being fired by President Trump in a short email on January 27, 2025, stating that he had lost confidence in...more

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

Epstein Becker & Green on 4/8/2025

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

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

Sheppard Mullin Richter & Hampton LLP on 4/8/2025

On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more

D.C. Circuit Temporarily Halts Reinstatement of NLRB Member Wilcox, Leaving the Board Without a Quorum

Vorys, Sater, Seymour and Pease LLP on 4/1/2025

On March 28, 2025, the United States Court of Appeals for the District of Columbia Circuit temporarily stayed a prior order by Judge Beryl Howell of the United States District Court for the District of Columbia reinstating...more

Update: The NLRB Has Lost Its Quorum – DC Circuit Stays District Court’s Reinstatement of Board Member Gwynne Wilcox – and a New...

Epstein Becker & Green on 3/31/2025

On March 28, 2025, a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board...more

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams & Reese on 4/12/2024

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

Kohrman Jackson & Krantz LLP on 10/11/2023

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 1/6/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

DC Circuit Reminds the NLRB that a Weingarten Request Requires a “Request”

Seyfarth Shaw LLP on 7/9/2020

Seyfarth Synopsis: In Circus Circus Casinos Inc. v. NLRB, No. 18-1201 (June 12, 2020), the US Court of Appeals for the DC Circuit denied the National Labor Relations Board’s cross-application for enforcement of its decision,...more

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on 1/7/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

Proskauer - Labor Relations Update on 2/27/2019

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

Patterson Belknap Webb & Tyler LLP on 2/7/2019

If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

“No Flair! Is That Fair? Fifth Circuit Overturns Burger Joint’s Ban on Buttons”

Bradley Arant Boult Cummings LLP on 7/11/2018

Many of us remember the classic scene from “Office Space” where Jennifer Aniston’s waitress character was chastised for not having enough “flair”—whimsical buttons on her uniform. The Fifth Circuit recently addressed the...more

Employee’s Failed Attempt To Secure Union Representation Sufficient Notice of Weingarten Request, Divided NLRB Rules

Proskauer - Labor Relations Update on 6/29/2018

One area of labor relations that continues to vex practitioners is the scope of the so-called Weingarten rights. NLRB v. J. Weingarten Inc., 420 U.S. 251 (1975). Some 43 years after the Supreme Court set forth the right that...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 1/9/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

Another Federal Appeals Court Rejects Workplace Recording Bans

Fisher Phillips on 8/21/2017

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Proskauer - Minding Your Business on 2/17/2017

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently...more

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