Can employees be fired for organizing a protest at work that violates workplace rules if the protest isn’t actually about work? According to a recently released Advice Memorandum from the National Labor Relations Board (“NLRB”), the answer may be yes. The NLRB’s Division of Advice concluded that Microsoft lawfully discharged
HALTED: Federal Court Declares NJ’s Labor Peace Agreement Requirement Preempted by the NLRA
On August 10, 2026, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey declared that the National Labor Relations Act (“NLRA”) preempts the labor peace agreement (“LPA”) requirement in New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”).
The ruling in Curaleaf…
Texas Court Clash: Do Unconstitutional NLRB Removal Protections Pause an Unfair Labor Practice Case?
A Texas federal district court has split with another Texas district court on a key question: when a court declares the National Labor Relations Board’s removal protections unconstitutional, can it sever the offending provisions and allow an unfair labor practice charge to proceed—or must the proceeding be permanently enjoined?
In…
UPDATE: D.C. Circuit Strikes Down NLRB Successor Bar in Major Post-Loper Bright Ruling
By Joshua Fox, Yonatan Grossman-Boder & Rose Farkish on
On July 21, 2026, the D.C. Circuit issued a significant post-Loper Bright decision rejecting the National Labor Relations Board’s (“Board”) successor-bar doctrine. In Hospital Menonita de Guayama, Inc. v. NLRB, No. 22-1163 (D.C. Cir. July 21, 2026), a divided panel held that the Board lacked statutory authority…
UPDATE: CONFIRMED – Trump’s Latest NLRB Pick Could Swing Biden-Era Precedent
The Starbucks Effect: Sixth Circuit Vacates NLRB 10(j) Injunction
By Joshua Fox, Daniel H. Dorson & Rose Farkish on
On May 1, 2026, the U.S. Court of Appeals for the Sixth Circuit vacated a Section 10(j) injunction issued by a district court in Kerwin v. Trinity Health Grand Haven Hospital, 174 F.4th 942 (6th Cir. 2026). In its first Section 10(j) case since the Supreme Court’s 2024…
What the Supreme Court’s Slaughter Decision Means for the NLRB
The Supreme Court’s June 29, 2026 decision in Trump v. Slaughter, No. 25-332 (2026), overruling Humphrey’s Executor v. United States, 295 U.S. 602 (1935), has major implications for the National Labor Relations Board (“NLRB”). In a 6-3 decision, Chief Justice Roberts’s majority opinion held that for-cause removal protections…