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National Labor Relations Board › Hiring & Firing

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... more +
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 -
Phelps Dunbar

Fifth Circuit Finds NLRB’s Multilayer Removal Protections for Board Members and Administrative Law Judges Are Likely...

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On August 19, the U.S. Court of Appeals for the Fifth Circuit affirmed federal district court preliminary injunctions halting Unfair Labor Practice (ULP) proceedings before the National Labor Relations Board (NLRB). ...more

Littler

Littler’s Workplace Policy Institute Presents: Labor Day Report – 2025

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Introduction  The first eight months of the Trump administration saw dramatic changes in labor and employment policy—from civil rights to traditional labor law to immigration—with more to come as key positions at oversight...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September 2025 To-Do List

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Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more

Constangy, Brooks, Smith & Prophete, LLP

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

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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

Fisher Phillips

Employers Gain Additional Defenses In Union Salting And Deferral Cases Thanks to New Guidance from NLRB Official

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The National Labor Relations Board’s Acting General Counsel recently issued two policy memos reshaping how you can handle union-related risks in salting and deferral cases. The salting guidance provides a roadmap for...more

Spilman Thomas & Battle, PLLC

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

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Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

CDF Labor Law LLP

New NLRB Salting Guidance: What California Employers Need to Know

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July 25, 2025 – Memorandum GC 25-08 - The NLRB’s Acting General Counsel (GC), William Cowen, has issued new marching orders for how the agency will investigate “salting” cases – when union organizers apply for jobs with...more

Sheppard Mullin Richter & Hampton LLP

Hold the Salt: Key Takeaways from the NLRB’s New Guidance on Union Salting

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The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more

Fox Rothschild LLP

What Federal Save Local Business Legislation Could Mean for the Joint Employer Standard

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Legislation is moving through Congress that, if enacted, would establish a new joint employer standard and end some of the uncertainty businesses have faced the past several years whenever a new party won the White House. ...more

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

Littler

Acting NLRB General Counsel Issues Guidance for Salting Cases

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On July 24, National Labor Relations Board Acting General Counsel (AGC) William B. Cowen issued Memorandum GC 25-08 (the “Salting Memo”), which provides case processing guidance to the Regions for investigating...more

Eversheds Sutherland (US) LLP

NLRB Acting General Counsel issues memorandum on union salting

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On July 24, 2025, Acting General Counsel William B. Cowen of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, offering updated guidance to regional offices evaluating cases involving “salting”—a union...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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your June To-Do List

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Here are the top items you should tackle in June, based on the latest workplace law developments and upcoming critical compliance dates...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

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The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

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On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Ballard Spahr LLP

Supreme Court temporarily allows independent labor board firings; impact on FTC, NCUA ousters is unclear

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In a move that could have ramifications for lawsuits filed by former FTC and NCUA board members, by a vote of 6-3 the Supreme Court has issued a stay that prohibits the Democratic members of the National Labor Relations Board...more

Fisher Phillips

SCOTUS Once Again Upholds Firing of NLRB Democrat Member Wilcox, But Battle Will Continue: What Should Employers Do?

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The Supreme Court late Thursday permitted the Trump administration to bar former Democrat NLRB Member Gwynn Wilcox from her former position on the Board while the larger battle plays out about whether the President has the...more

Stevens & Lee

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

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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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

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On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

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On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Littler

Policy Week in Review – May 2025 #3

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Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

Epstein Becker & Green

#WorkforceWednesday®: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide - Employment Law This Week®

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This week, we’re examining the potential shake-up in presidential power over independent federal agencies and what a review of a 90-year-old precedent by the Supreme Court of the United States (SCOTUS) could mean for...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

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National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

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Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

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