Published works by James Hays

Published works

• NLRB Regains Quorum, Trump Nominees Confirmed By Senate

  Labor & Employment Law Blog · December 23, 2025

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• Congress Introduces the “American Franchise Act” to Clarify Joint Employer Liability

  Labor & Employment Law Blog · November 24, 2025

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• Ninth Circuit Upholds NLRB Authority and Structure – Creating Split with Fifth Circuit

  Labor & Employment Law Blog · November 3, 2025

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• NLRB Challenges California’s AB 288 as Preempted by Federal Law

  Labor & Employment Law Blog · October 20, 2025

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• Captive Audience Meetings: Prohibitions Remain on Hold

  Labor & Employment Law Blog · October 3, 2025

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• California Signs Law Granting State Agency Authority Over Private Sector Labor Disputes

  Labor & Employment Law Blog · October 2, 2025

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• The NLRB Announces Its Intention to Sue Just as Governor Hochul Signs Bill Asserting Jurisdiction Over Labor Relations in New York

  Labor & Employment Law Blog · September 12, 2025

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• Fifth Circuit Rules NLRB Structure Likely Unconstitutional

  Labor & Employment Law Blog · August 21, 2025

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• Hold the Salt: Key Takeaways from the NLRB’s New Guidance on Union Salting

  Labor & Employment Law Blog · August 8, 2025

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• Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will No Longer Enforce State Requirement

  Labor & Employment Law Blog · May 30, 2025

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• Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

  Labor & Employment Law Blog · May 23, 2025

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• Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

  Labor & Employment Law Blog · April 10, 2025

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• Full D.C. Circuit Court Reinstates Wilcox to the NLRB

  Labor & Employment Law Blog · April 7, 2025

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• Split D.C. Circuit Panel Rules Trump Can Remove Wilcox from NLRB – NLRB to Stay Without a Quorum

  Labor & Employment Law Blog · April 1, 2025

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• Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

  Labor & Employment Law Blog · March 12, 2025

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• Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

  Labor & Employment Law Blog · March 5, 2025

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• Acting General Counsel of NLRB Issues First GC Memorandum, Rescinding Controversial Pro-Labor Memoranda

  Labor & Employment Law Blog · February 26, 2025

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• NLRB Returns to Union-Friendly “Clear and Unmistakable Waiver” Standard

  Labor & Employment Law Blog · December 16, 2024

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• Mandatory Captive Audience Meetings Are Banned in California in 2025

  Labor & Employment Law Blog · October 4, 2024

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• NLRB Will No Longer Approve Employer Proposed Consent Orders

  Labor & Employment Law Blog · August 26, 2024

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• California Assembly Committee Revives State’s Captive Audience Meeting Ban

  Labor & Employment Law Blog · August 22, 2024

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• The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

  Labor & Employment Law Blog · August 19, 2024

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• Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

  Labor & Employment Law Blog · July 30, 2024

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• The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

  Labor & Employment Law Blog · July 19, 2024

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• U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

  Labor & Employment Law Blog · May 17, 2024

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