NLRB

Ninth Circuit Weighs in on Constitutionality of NLRB, Teeing Up Likely SCOTUS Review
November 12, 2025
The constitutionality of the National Labor Relations Board (NLRB) has taken center stage at the federal appellate courts for the second time this year.
Read More >

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB
August 28, 2025
In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB from pursuing unfair labor practice charges against the employers who raised the issue
Read More >

NLRB LIKELY Unconstitutional
August 19, 2025
In a closely watched case out of Texas, the United States Court of Appeals for the Fifth Circuit held today that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional. The implications are unquestionably significant but not entirely clear.
Read More >

NLRB News: New Board Members (Maybe); Union Election Results
August 1, 2025
    With only two of five Board positions filled, the NLRB lacks a quorum to decide cases.  
Read More >

Fired NLRB Member Gwynne Wilcox Reinstated (For Now)
April 7, 2025
The D.C. Circuit Court of Appeals has denied the federal government’s request to stay lower court rulings that reinstated NLRB Member Gwynne Wilcox after President Trump fired her. The April 7 decision reinstates her to the NLRB while the appeal over her firing is pending.
Read More >

As the DOL Turns
March 18, 2025
As we noted in January, the Trump administration has wasted no time in revamping the Department of Labor to suit its political taste.
Read More >

What’s Going on at the NLRB?
March 9, 2025
Here’s the details of what happened in court (for inquiring minds).
Read More >

Week in Review – EEOC and NLRB Start Enacting Trump’s Executive Orders, Challenges to Federal Agencies’ Independence, and New Guidance on College Athletes
February 18, 2025
Each week as the new presidential administration takes shape, we get a clearer picture of how its priorities will affect federal agencies, and how those changes will affect the employers and educational institutions that interact with those agencies.
Read More >

President Trump Removes Democratic NLRB Member and General Counsel
January 27, 2025
In the evening hours of Monday, January 27, 2025, President Donald Trump fired National Labor Relations Board General Counsel Jennifer Abruzzo and Democratic Board member Gwynne Wilcox.
Read More >

2025 NLRB Predictions
January 7, 2025
2025 will almost certainly be a busy year at the NLRB as Trump 2.0 re-sets the NLRB’s course in a more business-friendly direction.
Read More >

The NLRB Overturns Decades-Old Precedent by Banning Captive-Audience Meetings
November 24, 2024
The National Labor Relations Board made the inevitable official when it recently held that employee attendance at employer-mandated meetings where employers express their views on potential unionization – violate the National Labor Relations Act.
Read More >

NLRB GC to Seek Broad Remedies for Non-Compete and Stay-or-Pay Provisions – Part II
November 14, 2024
As we noted in Part I of this special two-part blog, NLRB General Counsel Jennifer Abruzzo issued an important policy memorandum last month. Here, Part II addresses stay-or-pay provisions, the GC’s legal position that such provisions are presumptively unlawful, and the remedies she will seek for employees subject to stay-or-pay provisions.
Read More >