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Unions Constitutional Challenges

Husch Blackwell LLP

Challenge to Minnesota Captive Audience Law Dismissed

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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

BakerHostetler

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

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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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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

Goldberg Segalla

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

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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

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Clears Path for CFPB Layoffs

On August 15, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court decision that had temporarily blocked mass layoffs at the CFPB. The case arose after the National Treasury Employees Union (NTEU) challenged...more

Bennett Jones LLP

Declawing a Wildcat Strike: Alberta Court Upholds Suspension of Union Dues for Illegal Strike by AUPE

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In Alberta Union of Provincial Employees v Alberta Health Services, 2025 ABKB 465 (AUPE v AHS), the Alberta Court of King's Bench upheld the Alberta Labour Relations Board's (Board) decision to penalize the Alberta Union of...more

Troutman Pepper Locke

D.C. Circuit Court Vacates Preliminary Injunction in NTEU v. CFPB

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On August 15, the U.S. Court of Appeals for the District of Columbia issued a decision in the case of National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau). The appellate court...more

Stikeman Elliott LLP

The British Columbia Court of Appeal Affirms Extraterritorial Reach of BC’s Replacement Worker Restrictions

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This post updates our earlier commentary on the decision of the BC Supreme Court in Gate Gourmet Canada Inc. v Unite Here, Local 40, 2024 BCSC 1528. The British Columbia Court of Appeal (the "BCCA") has weighed in on the...more

Steptoe & Johnson PLLC

The NLRB Stalemate: What’s Next for the NLRB and Wilcox?

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The National Labor Relations Board (NLRB) has been in a stalemate, as it requires a three-person quorum to issue decisions but currently has only two board members. The situation remains in flux due to President Donald...more

Fox Rothschild LLP

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

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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

Littler

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

Littler on

Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New...more

Troutman Pepper Locke

California AG Faces Legal Challenge Over Hiring Outside Counsel in Climate Lawsuit

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California Attorney General (AG) Rob Bonta faces a legal challenge from a union representing state-employed attorneys over his decision to hire an outside law firm for a high-profile climate lawsuit against major oil...more

Littler

Policy Week in Review – June 2025 #4

Littler on

SCOTUS Curtails Nationwide Injunctions - The U.S. Supreme Court sharply curtailed “universal” injunctions. The Court’s June 27, 2025 decision came in a case involving an executive order seeking to limit birthright...more

Sheppard Mullin Richter & Hampton LLP

New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more

Seyfarth Shaw LLP

New York Bill Aiming to Protect Organized Labor Seeks to Overstep the Purpose and Scope of the NLRA and NLRB

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On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul’s desk, aims “[t]o make sure employees still receive...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Proskauer - Labor Relations Update

Oregon’s Cannabis Labor Peace Law Struck Down

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more

Sheppard Mullin Richter & Hampton LLP

Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will...

On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

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On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

North Carolina Bill Would Expand Workplace Violence Prevention Act

North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Vorys, Sater, Seymour and Pease LLP

Trump Executive Order Dismantling Federal Unions Blocked by Federal Judge

Last month, President Donald Trump signed a sweeping executive order aimed at curbing collective bargaining rights for a large segment of federal employees. The order was issued pursuant to a national security exemption...more

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