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…
In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor harmony agreements.
In 2022, Maximus Federal Services, Inc. (“Maximus”), won a contract with the Department of Health and…
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”). …
On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek Section 10(j) injunctions,” notwithstanding a recent decision by the U.S. Supreme Court raising the Board’s burden for seeking a temporary injunction. Section 10(j) of the National Labor Relations Act (“NLRA”) authorizes the Board to seek temporary injunctive relief in federal district court while litigating the merits of an unfair labor practice proceeding to ensure that any remedy the Board might eventually issue will not be moot or hollow.
As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor Relations Act (“Act”).
Background: NLRB GC Targets Noncompetes
On May 31, 2023, Board General Counsel Jennifer…
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel Abruzzo this week declared her intention to seek to invalidate nearly all post-employment non-compete agreements, in a memorandum stating her prosecutorial position that…
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in…
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