Can employees be fired for organizing a protest at work that violates workplace rules if the protest isn’t actually about work? According to a recently released Advice Memorandum from the National Labor Relations Board (“NLRB”), the answer may be yes. The NLRB’s Division of Advice concluded that Microsoft lawfully discharged
HALTED: Federal Court Declares NJ’s Labor Peace Agreement Requirement Preempted by the NLRA
On August 10, 2026, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey declared that the National Labor Relations Act (“NLRA”) preempts the labor peace agreement (“LPA”) requirement in New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”).
The ruling in Curaleaf
Texas Court Clash: Do Unconstitutional NLRB Removal Protections Pause an Unfair Labor Practice Case?
A Texas federal district court has split with another Texas district court on a key question: when a court declares the National Labor Relations Board’s removal protections unconstitutional, can it sever the offending provisions and allow an unfair labor practice charge to proceed—or must the proceeding be permanently enjoined?
In
UPDATE: D.C. Circuit Strikes Down NLRB Successor Bar in Major Post-Loper Bright Ruling
On July 21, 2026, the D.C. Circuit issued a significant post-Loper Bright decision rejecting the National Labor Relations Board’s (“Board”) successor-bar doctrine. In Hospital Menonita de Guayama, Inc. v. NLRB, No. 22-1163 (D.C. Cir. July 21, 2026), a divided panel held that the Board lacked statutory authority
UPDATE: CONFIRMED – Trump’s Latest NLRB Pick Could Swing Biden-Era Precedent
Cemex Status Quo: Ninth Circuit Declines to Address NLRB’s Cemex Standard
On April 21, 2026, in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.), the U.S. Court of Appeals for the Ninth Circuit declined to evaluate the new union-organizing standard adopted by the National Labor Relations Board (“NLRB” or the “Board”) in Cemex
Cemex Survives: Board Declines Chance to Overturn Novel Representation Framework
On March 25, 2026, the National Labor Relations Board issued a decision in St. John’s College, Case 28-RM-337949, and declined to overturn the Board’s August 2023 decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). Cemex upended 50 years of precedent by establishing a
Course Change: NLRB Asks Federal Court to Strike Removal Protections
On March 23, 2026, the National Labor Relations Board (“NLRB”) asked a federal court to declare unconstitutional and sever the provisions in the National Labor Relations Act (the “Act”) that restrict the President’s ability to remove NLRB Board Members and administrative law judges (“ALJs”). The filing comes in the case