News & Analysis as of August 3, 2025

Employee Rights

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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 -

Mid-Year 2025

Jackson Lewis P.C. on 7/24/2025

The last six months have been a tumultuous time for employers. The pace and degree of change is creating new challenges — and ongoing uncertainty. Our Mid-Year 2025 report sifts through the volume of federal-level executive...more

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA

Proskauer - Labor Relations Update on 7/2/2025

On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union...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

Policy Week in Review – April 2025 #2

Littler on 4/11/2025

Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox - On April 7, the U.S. Court of Appeals for the D.C. Circuit ruled that National Labor Relations Board Member Gwynne Wilcox could...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

NLRB Board Member Challenges President Trump’s Executive Power

Ballard Spahr LLP on 2/7/2025

On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more

President Trump Fires NLRB General Counsel Abruzzo and Removes NLRB Member Gwynne Wilcox

Husch Blackwell LLP on 1/29/2025

Between the close of business on Monday, January 27 and the following morning, President Trump discharged Jennifer Abruzzo from her duties as the general counsel for the National Labor Relations Board. Jessica Rutter was...more

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Spilman Thomas & Battle, PLLC on 12/21/2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

The Supreme Court Pours Some Concrete on the Right to Strike

Seyfarth Shaw LLP on 6/5/2023

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...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

California Employment Law Notes - July 2018

Proskauer - California Employment Law on 7/12/2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...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

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

Pullman & Comley - Labor, Employment and... on 9/29/2015

This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Disciplinary Investigations of Employees – Three Names to Know

Pullman & Comley - School Law on 7/15/2015

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

How Employers Fared With the Supremes This Term and What the Future May Hold

Polsinelli on 7/14/2014

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

NLRB Abandons ‘Poster Rule’

Ballard Spahr LLP on 1/20/2014

The National Labor Relations Board (NLRB) recently announced that it will not seek U.S. Supreme Court review of the two Court of Appeals decisions invalidating the NLRB’s 2011 posting rule requiring employers to post notices...more

NLRB Effectively Scraps Plans (For Now) To Pursue Notice Posting Rule By Deciding Not To Seek Review By U.S. Supreme Court

Stoel Rives LLP on 1/16/2014

The National Labor Relations Board (NLRB) has suffered a series of setbacks recently at the hands of federal judges. In December, the Fifth Circuit Court of Appeals largely struck down the NLRB's prohibition on class action...more

NLRB Drops Its Pursuit of Notice-Posting Rule

Foley Hoag LLP on 1/14/2014

The National Labor Relations Board recently announced that it would not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions that struck down its proposed union poster rule. The rule, originally announced by...more

NLRB Decisions Point To Potentially Weaker Beck Rights For Employee Objectors

Franczek P.C. on 7/17/2013

Recently, the National Labor Relations Board (NLRB) took another step toward expanding the ability of unions to impose requirements and costs on nonmember objectors even as it found that the Communications Workers of America...more

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National Labor Relations Board › Supreme Court of the United States › Employee Rights

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