NLRB, Unfair Labor Practices, Unions

Challenge to Minnesota Captive Audience Law Dismissed

Husch Blackwell LLP on 9/5/2025

Captive audience meetings are employer sponsored meetings where the employer requires employees to attend and listen to the employer position concerning a union organizing effort. The meeting is intended to dissuade workers...more

Whither Goes the NLRB? Recent Fifth Circuit Decision Portends Potential Meteoric Change in Labor Law

BakerHostetler on 9/4/2025

In what may prove to be a watershed decision for the National Labor Relations Board (NLRB or the Board), the United States Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corporation v. National...more

Did the Fifth Circuit Just Render the NLRB Helpless to Enforce Its Own Laws?

Foley & Lardner LLP on 9/3/2025

A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place. If so, the implications for leveraging collective bargaining negotiations and strategies in...more

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

Fisher Phillips on 9/2/2025

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

Many States’ Employee-Friendly Labor Laws Take Effect as NLRB Remains Quorum-Less

Jackson Lewis P.C. on 9/2/2025

The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more

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

Fisher Phillips on 8/25/2025

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

Fifth Circuit Finds NLRB’s Structure Likely Unconstitutional: What Employers Need to Know

Goldberg Segalla on 8/25/2025

The U.S. Court of Appeals for the Fifth Circuit has issued a decision that could reshape the landscape of federal labor law. In SpaceX, et al. v. NLRB, the court held that the National Labor Relations Board’s structure –...more

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

Spilman Thomas & Battle, PLLC on 8/13/2025

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

New NLRB Salting Guidance: What California Employers Need to Know

CDF Labor Law LLP on 8/12/2025

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

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

Sheppard Mullin Richter & Hampton LLP on 8/12/2025

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

Charges Deferred, Grievances Preferred: NLRB Acting GC Issues New Guidance on Deferring Unfair Labor Practice Charges

Proskauer - Labor Relations Update on 8/11/2025

On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice...more

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

Lippes Mathias LLP on 8/7/2025

In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more

National Labor Relations Board updates guidance for investigating salting cases

Clark Hill PLC on 8/5/2025

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

Acting NLRB General Counsel Issues Guidance for Salting Cases

Littler on 8/1/2025

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

NLRB Acting General Counsel issues memorandum on union salting

Eversheds Sutherland (US) LLP on 8/1/2025

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

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

Fisher Phillips on 7/21/2025

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

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

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

Fox Rothschild LLP on 7/15/2025

Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

Employers Still Need to Follow Tighter Standard When Unions Request Recognition: A Review of 2 Years of Post-Cemex Decisions

Fisher Phillips on 7/14/2025

Next month marks the second anniversary of a controversial National Labor Relations Board (NLRB) decision that overruled decades-old precedent and made it easier for unions to organize but harder for employers to counter...more

NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se...

Sheppard Mullin Richter & Hampton LLP on 7/14/2025

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the...more

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

Epstein Becker & Green on 3/19/2025

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

National Labor Relations Board › Unfair Labor Practices › Unions