By: Michael Berkheimer and Alyson Dieckman
In a July 21, 2026 decision, the D.C. Circuit struck down the National Labor Relations Board’s “successor bar” doctrine, holding that it is inconsistent with the National Labor Relations Act. In doing so, the
By: Madeline Remish and Harrison Kuntz
Corrective Action and Compliance Can End the Case: when fixing the problem ends the lawsuit—for public employers.
In a significant and practical win for public employers, the First Circuit reaffirmed a core constitutional limit
By: Elliot Fink and Jennifer L. Mora
Since our 2024 update on California’s Labor Peace Agreement (“LPA”) requirement, the landscape for licensees in recreational cannabis states such as California and New York has remained murky. Although the evidence around compliance
By: Kamran Mirrafati and John T. Ayers-Mann
Seyfarth Synopsis: Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also effectuates a
By: Kenneth Dolin and Elliot Fink
As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66
By: Paul Galligan
On November 4, 2024, Mayor Adams signed Intro 0991-2024, also known as the Safe Hotels Act. The Act will become effective 180 days after November 4th. Initially proposed at the NYC Assembly in July 2024, the Safe
By: Alyson Dieckman, Jennifer Mora, and Glenn Smith
Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than
Authors: Michael D. Berkheimer and Jennifer L. Mora
On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era
By: Michael Berkheimer, Cary Burke, and Sage Fishelman
In an opinion drafted by Justice Thomas and joined by seven other Justices, the U.S. Supreme Court on June 13, 2024, vacated the Sixth Circuit Court of Appeals’ affirmation of
By: John Phillips and Ken Dolin
Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct
