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 December 5, 2025, a divided D.C. Circuit panel held that for-cause job-removal protections for members of the National Labor Relations Board (“NLRB” or “Board”) and Merit Systems Protection Board are unconstitutional because they violate Article II.

The ruling has immediate consequences for the NLRB and sets up a direct…

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…

On November 26, 2025, a New York federal judge granted Amazon’s bid for a preliminary injunction barring the enforcement of recent amendments to the Empire State’s State Employment Relations Act (“SERA”) that would have subjected most private-sector employers within the state to the jurisdiction of the Public Employment Relations Board…

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…