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
NIH Withdraws Recognition from Union Representing Grad Students and Postdocs
The National Institutes of Health (NIH) has withdrawn recognition from the union representing its postdoctoral and graduate student fellows.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