News & Analysis as of

Preliminary Injunctions SEC v Jarkesy Constitutional Challenges

Phelps Dunbar

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

Phelps Dunbar on

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

Benesch

Fifth Circuit Expresses Significant Doubt on NLRB’s Constitutionality as Structured

Benesch on

On August 19, 2025, the Fifth Circuit ruled on consolidated appeals stemming from preliminary injunctions sought by—and granted to—three companies challenging the National Labor Relations Board’s (“NLRB”) structure. ...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts OFCCP enforcement proceedings against contractor

The future of DOL’s administrative law judges is now murky. When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more

Proskauer - Labor Relations Update

Amazon, SpaceX Must Navigate Procedural Roadblocks in Constitutional Challenge of NLRB

On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively, challenging the constitutionality of the National Labor Relations Board...more

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