In an anticipated move, the National Labor Relations Board (the “NLRB”) formally reinstated its 2020 rule that controls when an employer is deemed a joint employer under the labor law. This rulemaking does not change the standard that the NLRB currently applies to determine joint employer status because of prior
You Shall Not Impasse: Eleventh Circuit Affirms the NLRB’s High Bar for When Further Bargaining is Futile
By Joshua Fox, Daniel H. Dorson & Rachel Edelson on
On February 19, 2026, the Eleventh Circuit upheld a 2024 National Labor Relations Board (the “NLRB” or “the Board”) decision finding the now-defunct Southwest Florida Symphony Orchestra and Chorus Association prematurely declared an impasse in bargaining and unlawfully implemented its last, best, and final offer. A three-judge panel issued an…
No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations
On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices concerning unfair labor practice (“ULP”) case processing. Among other things, GC 26-03 encourages Regional Offices to be less aggressive…
Washington Looks to Join the NLRB Trigger Bill Trend
On February 20, 2026, the Washington State Senate advanced House Bill 2471 (“HB 2471”), a proposed law that would authorize the state to regulate certain private-sector labor disputes if the National Labor Relations Act (“NLRA”) ceases to preempt state regulation or if the National Labor Relations Board (“NLRB”) stops asserting…
NLRB Relinquishes Jurisdiction Over SpaceX, Abandoning Yearslong Legal Battle
On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The Board’s dismissal letter states that the NLRB lacks jurisdiction over SpaceX, citing a recent opinion issued by the National Mediation…
NLRB Refrain From Overturning Biden-Era Precedent – For Now
As reported here, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions that were widely considered to be favorable to employees and unions. Instead, on January 28, 2026, the…
Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination
On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination, which we covered here.
Wilcox’s suit challenges President Donald Trump’s decision to fire her without cause, despite the…