We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. (See here, here, here and here.)
In the latest development, on October 31, 2025, the Office and Professional Employees International…
On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board (“NLRB” or “Board”), holding that the Board improperly rejected Home Depot’s “special circumstances” and business-justification defenses to banning an employee’s BLM message on a customer-facing apron.
We previously covered the factual…
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…
On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit courts, making it harder—for now—for employers to challenge Board proceedings in that jurisdiction. This decision…
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of the National Labor Relations Board (“NLRB” or “Board”).
Under…
On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed an “NLRB Trigger Bill” amending the New York State Labor Relations Act. The statute itself is hardly a model of clarity, but its sponsors describe it as an effort to expand the jurisdiction…
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause…
On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice (“ULP”) charges to the grievance and arbitration processes set forth in collective bargaining agreements (“CBA”).
The…
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