In a surprise move, on June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (“FLCA”) by a vote of 230-193, sending the bill to the Senate. The legislation—passed without Republican leadership support and via a discharge petition—seeks a dramatic restructuring of the National Labor Relations
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…
Pro-Employer Labor Law Reform Proposed by Senate GOP: What’s in the Package and Why It Matters
By Joshua Fox & Taylor Arluck on
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…
Fifth Circuit Denies Enforcement of NLRB’s Enhanced Remedies, Widening Circuit Split
By Joshua Fox & Taylor Arluck on
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…
NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA
On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union surreptitiously records collective bargaining negotiations then they automatically violate the National Labor Relations…
Oregon’s Cannabis Labor Peace Law Struck Down
By Joshua Fox & Shanice Z. Smith-Banks on
On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as of December 2024, required all state-licensed cannabis businesses to enter into labor…
NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA
By Shanice Z. Smith-Banks, Laura Fant & Joshua Fox on
On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.” GC Abruzzo states in the memo that she intends to urge…
NLRB Regional Director Targets No-Poach Agreements in Latest Complaint
By Joshua Fox & Tony S. Martinez on
On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements with its clients violates Section 8(a)(1) and 8(a)(3) of the National Labor Relations Act (the “Act”). …