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
UPDATE: NLRB Files Suit Against California for Dramatically Expanding State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction
By Mark Theodore & Taylor Arluck on
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…
Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise
By Mark Theodore & Taylor Arluck on
The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and other labor-branded merchandise that allegedly infringed the company’s intellectual property highlights key issues at the intersection of federal labor and IP law.
The case, Trader Joe’s Co. v.
Fast-Track to Union Representation? California, Uber, Lyft and SEIU Unite Behind Driver-Union Bill
By Paul Salvatore, Joshua Fox, Tony Oncidi & Raymond Arroyo on
After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path to organize rideshare drivers. California Governor Gavin Newsom is framing the bill as…
Stepping Into A Void? New York Attempts to Extend New York State Labor Relations Act to Private-Sector Employers That Should Be Covered by National Labor Relations Act; NLRB General Counsel Sues Over Preemption Concerns
By Michael Lebowich, Joshua Fox & Taylor Arluck on
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…
Fifth Circuit Boosts Spacex’s Constitutionality Arguments
By Joshua Fox & Michael Kratochvil on
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…
Charges Deferred, Grievances Preferred: NLRB Acting GC Issues New Guidance on Deferring Unfair Labor Practice Charges
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…