UPDATE: On December 3, 2025, the Senate Health, Education, Labor and Pensions (“HELP”) Committee approved President Trump’s nomination of Scott Mayer to fill one of the vacant Republican seats on the National Labor Relations Board (“NLRB” or the “Board”). Almost two months ago, on October 9, the HELP Committee also
Updated: Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit; the Court Says No.
We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. (See here, here, here and here.)
In the latest development, on October 31, 2025, the Office and Professional Employees International
Removable At Will: D.C. Circuit Strips NLRB Members Of Job-Removal Protections
On December 5, 2025, a divided D.C. Circuit panel held that for-cause job-removal protections for members of the National Labor Relations Board (“NLRB” or “Board”) and Merit Systems Protection Board are unconstitutional because they violate Article II.
The ruling has immediate consequences for the NLRB and sets up a direct
Fine Line: Fourth Circuit Joins Other Courts In Narrowly Interpreting Who Qualifies As An NLRA-Exempt Manager
On December 1, 2025, in NLRB v. Constellis, LLC, a unanimous Fourth Circuit panel joined other federal appellate courts in narrowly interpreting the National Labor Relations Act’s (“NLRA” or the “Act”) judge-made managerial exception, which carves out certain high-level employees from the NLRA’s protections.
The decision reinforces the decades-long
Halted: Federal Judge Stops Enforcement of New York’s ‘NLRB Trigger Bill’
On November 26, 2025, a New York federal judge granted Amazon’s bid for a preliminary injunction barring the enforcement of recent amendments to the Empire State’s State Employment Relations Act (“SERA”) that would have subjected most private-sector employers within the state to the jurisdiction of the Public Employment Relations Board
Pro-Employer Labor Law Reform Proposed by Senate GOP: What’s in the Package and Why It Matters
Labor law reform resurfaces nearly every Congress, but rarely advances given polarized views. The National Labor Relations Act (“NLRA” or “Act”) has not been amended since 1984, yet proposals continue to recur—the Protect the Right to Organize Act (“PRO Act”) being the most recent high-profile example that stalled.
The
Rejected, Again: The Sixth Circuit Denies NLRB Enhanced Remedies, Expanding Circuit Split
We have been tracking the ongoing challenges to the National Labor Relations Board’s (“NLRB” or “Board”) power to issue enhanced remedies under Thryv, Inc., 372 NLRB No. 22 (2022). In Thryv, the Board held that employees aggrieved by an unfair labor practice (“ULP”) charge under the National Labor Relations
Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit
We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. (See here, here, here and here.)
In the latest development, on October 31, 2025, the Office and Professional Employees International