A university may be gearing up to challenge the Columbia standard, which held that graduate student teaching and research assistants may qualify as employees under the National Labor Relations Act (“Act”) and therefore can unionize.
On September 14, 2026, Stanford University filed an emergency motion to stay an election challenging…
In one of its first major decisions under its new Republican majority, the National Labor Relations Board (“NLRB” or “Board”) has again rejected “setting-specific standards” for analyzing when offensive employee conduct loses the protection of the National Labor Relations Act (“NLRA” or “Act”). In Lion Elastomers LLC, 375 NLRB…
On September 2, 2026, in Siren Retail Corp., d/b/a Starbucks Reserve Roastery v. NLRB, the U.S. Court of Appeals for the Second Circuit vacated and remanded the National Labor Relations Board’s (“NLRB” or “Board”) 2024 decision finding that Starbucks unlawfully prohibited workers at a Manhattan coffee shop from wearing…
On August 26, 2026, NLRB General Counsel Crystal Carey issued Memorandum GC 26-04, following the historic trend from recent predecessors, indicating the NLRB precedent she has asked or will ask the Board to revisit. Newly appointed General Counsels often look to overturn decisions rendered by the prior administration, so…
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…
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…
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…
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