The National Institutes of Health (NIH) has withdrawn recognition from the union representing its postdoctoral and graduate student fellows. In the email announcing the decision, the NIH stated it withdrew recognition because the fellows are not “employees.” Unionization at federal agencies like the NIH is regulated by the Federal Labor
On the Rocks: Sixth Circuit Rejects Cemex NLRB Representation Framework at Distillery
On March 6, 2026, the Sixth Circuit issued its decision in Brown-Forman Corporation v. NLRB, marking the first appellate rejection of the National Labor Relations Boards’ (“NLRB” or “Board”) Cemex framework. As previously reported, in August 2023, the Board issued Cemex, which upended 50 years of precedent
NLRB’s 2020 Joint Employer Standard is Officially Back
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
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
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
Construction Employers Take Note: New York Expands Paid Family Leave Eligibility Beginning in 2027
New York construction-industry employers should be aware of a significant change to the state’s Paid Family Leave (“PFL”) law. On December 19, Governor Kathy Hochul signed Assembly Bill 4727 (“A4727”) into law, expanding PFL eligibility to many construction workers who work for multiple employers under a collective bargaining agreement each
New Year, New Board – NLRB Nominations Confirmed, Board Regains Quorum
On December 18, 2025, the U.S. Senate confirmed the appointments of Members Scott Mayer and James Murphy, and General Counsel (“GC”) Crystal Carey, to the National Labor Relations Board (“NLRB” or the “Board”). Eleven months after Member Gwynne Wilcox’s unprecedented firing, the Board has regained a three-Member quorum and
No Injunction for You: Third Circuit Rejects Employer Bid to Halt NLRB Case, Setting up Circuit Split
In a significant decision, the Third Circuit Court of Appeals held on December 3, 2025 that federal courts lack jurisdiction to issue injunctions that would halt ongoing National Labor Relations Board (“NLRB”) administrative proceedings—even when an employer frames its challenge as a constitutional attack on the NLRB’s structure.
The ruling