The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II
The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II
The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part II
The Burr Broadcast: Captive Audience Meetings
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part II
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I
#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®
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The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv
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Two recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While...more
New York Governor Kathy Hochul has signed into law legislation authorizing the New York State Public Employment Relations Board (PERB) to assert jurisdiction over disputes between employers and unions if the National Labor...more
On September 3, 2025, in Minnesota Chapter of Associated Builders and Contractors v. Ellison, et al., the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 ruling, dismissed a lawsuit challenging Minnesota’s captive...more
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
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
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
Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more
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
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
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
On August 19, 2025, the Fifth Circuit Court of Appeals sided with Elon Musk’s SpaceX and two other companies by barring the NLRB from prosecuting unfair labor practice cases on the grounds that the Board’s structure likely...more
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
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more
On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint...more
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
On Tuesday, August 19, the Fifth Circuit issued a highly anticipated decision upholding an injunction that prevents the National Labor Relations Board (“NLRB”) from prosecuting unfair labor practice cases against SpaceX, Aunt...more
In November 2022, a La Grange employee filed an unfair labor practice charge with the NLRB, which resulted in the regional office issuing a complaint in March 2024. La Grange sought injunctive relief with the US District...more
The Fifth Circuit just handed SpaceX, and two other employers, a significant victory in their fight with the National Labor Relations Board (NLRB). The August 19 ruling with potentially seismic implications for the NLRB...more
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings...more
On June 26, 2025, the Acting General Counsel of the NLRB, William B. Cowen, issued GC Memorandum 25-07 (“Memorandum”) asserting that secretly recording collective-bargaining sessions – without the knowledge or consent of the...more
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
On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more
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
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
A March 2025 Superior Court of Québec decision has sharpened the rules on what employers can and cannot say to unionized employees during collective bargaining. This article breaks down how the latest case law draws the line...more