On December 18, 2025, the U.S. Senate confirmed the appointments of Members Scott Mayer and James Murphy, and General Counsel (“GC”) Crystal Carey, to the National Labor Relations Board (“NLRB” or the “Board”). Eleven months after Member Gwynne Wilcox’s unprecedented firing, the Board has regained a three-Member quorum and
No Injunction for You: Third Circuit Rejects Employer Bid to Halt NLRB Case, Setting up Circuit Split
In a significant decision, the Third Circuit Court of Appeals held on December 3, 2025 that federal courts lack jurisdiction to issue injunctions that would halt ongoing National Labor Relations Board (“NLRB”) administrative proceedings—even when an employer frames its challenge as a constitutional attack on the NLRB’s structure.
The ruling…
Halted: Federal Judge Stops Enforcement of New York’s ‘NLRB Trigger Bill’
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…
UPDATED – NLRB Shake-Up Continues: Trump Fired Acting General Counsel
By Michael Lebowich, Joshua Fox & Michael Kratochvil on
On February 1, 2025, five (5) days after President Trump fired NLRB Member Gwynne A. Wilcox, and NLRB General Counsel Jennifer A. Abruzzo, President Trump fired the NLRB’s second-ranked attorney, NLRB Deputy General Counsel Jessica Rutter. Rutter briefly served as the NLRB Acting General Counsel after Abruzzo’s termination on…
Ninth Circuit Buys a Circuit Split on Available Remedies Under the NLRA
By Joshua Fox & Michael Kratochvil on
On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an unfair labor practice (“ULP”) charge. As reported here, the Court’s ruling creates a split with the Third Circuit on available remedies under the National Labor Relations Act (“NLRA” or the “Act”).
UPDATED – Breaking: In a Novel Move, President Trump Fires National Labor Relations Board Member and, following Biden precedent, the NLRB General Counsel
By Michael Lebowich, Joshua Fox & Michael Kratochvil on
On January 27, 2025, President Trump fired National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, marking the first time that a president has ever attempted to remove a Board member prior to the end of their five-year term. The move – if it withstands court scrutiny –…
United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements
By Paul Salvatore & Tony S. Martinez on
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…
NLRB Regional Director Targets No-Poach Agreements in Latest Complaint
By Joshua Fox & Tony S. Martinez on
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”). …