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…
No Escape Clause: NY’s Highest Court Rules Prevailing Wage Obligations Apply Whether Contracts Say So or Not
By Joshua Fox & Rose Farkish on
On June 23, 2026, the New York Court of Appeals issued a significant decision in Walton v. Comfort Systems USA (Syracuse), Inc., answering previously unsettled certified questions from the Second Circuit with important implications for employers performing work on public projects in New York. The Court held that under…
Unions Sue DOL After Being “Blindsided” By Changes to Financial Disclosure Requirements
By Joshua Fox, Daniel H. Dorson & Justin Chuang on
On June 10, 2026, the AFL-CIO filed suit against the Department of Labor (“DOL”) in the U.S. District Court for the District of Columbia (AFL-CIO v. Sonderling, No. 1:26-cv-02061 (D.D.C.)), challenging a final rule that imposes “sweeping changes” to the financial reporting obligations of labor organizations under the…
Faster is Not Always Better: House Passes Bill Seeking Radical Change in First Contract Bargaining
In a surprise move, on June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (“FLCA”) by a vote of 230-193, sending the bill to the Senate. The legislation—passed without Republican leadership support and via a discharge petition—seeks a dramatic restructuring of the National Labor Relations…