On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne A. Wilcox and Merit Systems Protection Board (“MSPB”) member Cathy A. Harris. This stay will remain in effect while
NLRB Pulls a U-Turn on Remedial Relief in Settlement Agreements: New GC Issues Guidance Encouraging Efforts at Settlement
On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the requirements before NLRB Regions to approve settlements of unfair labor practice charges.
The Memorandum comes on the heels…
D.C. Circuit Erases NLRB Joint Employer Order After Google-Cognizant Contract Lapses
The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a puff of mootness.
Google contracted with Cognizant Technology Solutions (“Cognizant”) in 2019 to provide services through…
U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Stay Without a Quorum
On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is now left without a quorum for a third time, which, under the National Labor…
BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB
As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board has now regained a quorum for the…
NLRB Firing Decision Stayed; Board to Stay Without a Quorum
On March 28, 2025, the United States District Court of Appeals for the D.C. Circuit stayed the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is again left without a quorum, which, under the National Labor Relations Act (“NLRA” or…
Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright
On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the degree of deference federal courts shall afford the National Labor Relations Board (“NLRB”…