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
Context Matters: Eighth Circuit Backs Home Depot’s Ban on BLM Apron Message Due To “Special Circumstances”
On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board (“NLRB” or “Board”), holding that the Board improperly rejected Home Depot’s “special circumstances” and business-justification defenses to banning an employee’s BLM message on a customer-facing apron.
We previously covered the factual
Fifth Circuit Denies Enforcement of NLRB’s Enhanced Remedies, Widening Circuit Split
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