News & Analysis as of September 9, 2025

Injunctions

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Fox Rothschild LLP on 8/27/2025

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

Fifth Circuit Decision on NLRB ALJs Raises Constitutional Questions for OSHRC Removal Protections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/20/2025

The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has...more

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on 5/27/2025

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

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National Labor Relations Board › Executive Authority › Injunctions

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

Fifth Circuit Decision on NLRB ALJs Raises Constitutional Questions for OSHRC Removal Protections

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

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