On October 31, 2025, the Fifth Circuit held that the National Labor Relations Board (“NLRB” or “Board”) impermissibly awarded compensatory damages to striking employees who were fired. As we reported here, the court’s ruling widens a circuit split between the Third and Ninth Circuits on available remedies under the
Rejected: Ninth Circuit Denies Constitutional Attacks on NLRB
On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit courts, making it harder—for now—for employers to challenge Board proceedings in that jurisdiction. This decision
Fast-Track to Union Representation? California, Uber, Lyft and SEIU Unite Behind Driver-Union Bill
After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path to organize rideshare drivers. California Governor Gavin Newsom is framing the bill as
Stepping Into A Void? New York Attempts to Extend New York State Labor Relations Act to Private-Sector Employers That Should Be Covered by National Labor Relations Act; NLRB General Counsel Sues Over Preemption Concerns
On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed an “NLRB Trigger Bill” amending the New York State Labor Relations Act. The statute itself is hardly a model of clarity, but its sponsors describe it as an effort to expand the jurisdiction
Fifth Circuit Boosts Spacex’s Constitutionality Arguments
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause
Charges Deferred, Grievances Preferred: NLRB Acting GC Issues New Guidance on Deferring Unfair Labor Practice Charges
On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice (“ULP”) charges to the grievance and arbitration processes set forth in collective bargaining agreements (“CBA”).
The
Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations
On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an employment applicant in the salting context is protected by the National Labor Relations Act
Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit
In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred and preempted. In relevant part, the dispute was rooted in allegations that SAG-AFTRA, by negotiating a return-to-work agreement that