Labor Law - NLRB

Policy Week in Review – June 26, 2026 Senate Committee Vote to Approve NLRB Nominees Postponed tgelbman@littler.com Fri, 06/26/2026 - 13:13

FLCA Advancing in Congress and NLRB Nomination Moving Forward

Non-Disparagement Severance Clause Restrictions Persist In The Second Trump Administration, For Now

Sixth Circuit Points Out Limits of NLRB Adjudicatory Rulemaking In Brown-Forman v. NLRB , the U.S. Court of Appeals for the Sixth Circuit became the first federal circuit court to review the National Labor Relations Board’s recent Cemex decision. The court found the Board engaged in improper rulemak

In this inaugural episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville) and Tom Stanek (Phoenix), who co-chair the firm’s Traditional Labor Relations Practice Group sit down with co-chair and former NLRB member Brian Hayes (Washington) to discuss recent developments in labor

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2026 issue of the Practical NLRB Advisor . This issue discusses the host of problems the National Labor Relations Board (NLRB) is facing this year.

On February 26, 2026, the National Labor Relations Board (NLRB) unveiled a new final rule that will withdraw the NLRB’s November 2023 final rule that sought to cast a wider net in determining joint employer status, which was struck down by a federal district court in March 2024. The new

Workers in 2025 filed the fewest union election petitions since 2022, according to recently released annual statistics from the National Labor Relations Board (NLRB), but filings still topped the first two years of the Biden administration, suggesting continued interest in organizing.

On January 28, 2026, the National Labor Relations Board (NLRB) issued a notice regarding a recent modification to its procedure for processing and assigning unfair labor practice cases, which requires charging parties to submit evidence and documentation before a case is docketed. The notice clarifi

For the first time in nearly 12 months, the NLRB has a quorum and a Senate confirmed General Counsel. This morning, Crystal Carey was sworn in as GC and Scott Mayer and James Murphy were sworn in as Members. We are confident the Board will work quickly to start reducing the backlog.

On December 18, 2025, the U.S. Senate voted to confirm President Donald Trump’s nominations of labor attorneys Scott Mayer and James D. Murphy to serve on the National Labor Relations Board (NLRB) and Crystal S. Carey to serve as the NLRB’s general counsel. The confirmation of the two Board nominees

Policy Week in Review – December 19, 2025 NLRB Regains a Quorum, but Few Quick Changes Expected tgelbman@littler.com Fri, 12/19/2025 - 14:56

NLRB Regains a Quorum, but Few Quick Changes Expected On December 18, 2025, the U.S. Senate confirmed three nominees to the National Labor Relations Board. The nominees included James Murphy, who will now serve as Board chair, Scott Mayer, who will serve as a Board member, and Crystal Carey, who

TakeawaysThe confirmation vote would restore a required three-member quorum to the Board, which has been quorum-less and unable to issue rulings since Jan 2025.The quorum would enable the Board to start addressing a growing case backlog by year end.LinkCongressional Record | En Bloc Consideration of

Two recent Fifth and Sixth Circuit appellate decisions have deepened a circuit split over the authority of the National Labor Relations Board (NLRB) to force employers to pay for the foreseeable harms stemming from unfair labor practices—a broad and largely unprecedented financial remedy the NLRB as

TakeawaysRhode Island became the 13th state banning mandatory “captive audience meetings.”Oregon and Washington will offer unemployment benefits to qualified striking workers starting 01.01.26.New York and other states are seeking to regulate private labor disputes while the Board lacks a quorum, ra

Fifth Circuit Upholds Injunction Because NLRB Structure Is Likely Unconstitutional On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al. , a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint