On October 29, 2026, in California Chamber of Commerce v. Bonta, the Ninth Circuit affirmed the Eastern District of California’s preliminary injunction blocking enforcement of California’s “captive audience” meeting law, which prohibits employers from conducting mandatory meetings about certain
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Updated: The Fight Over Columbia Heads West: Stanford Moves to Stay NLRB Election for Undergraduate RA’s
UPDATE: On October 6, 2026, as expected, Residential Assistants United Rising withdrew its petition to represent RAs at Stanford University, rather than risk Columbia being overturned or limited in scope.
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A university may be gearing up to
Flip-Flop: NLRB Reverses Course (Again) on Standard for Evaluating Offensive Employee Conduct
In one of its first major decisions under its new Republican majority, the National Labor Relations Board (“NLRB” or “Board”) has again rejected “setting-specific standards” for analyzing when offensive employee conduct loses the protection of the National Labor Relations Act
A More Tailored Approach: Second Circuit Rejects NLRB’s Dress Code Standard
On September 2, 2026, in Siren Retail Corp., d/b/a Starbucks Reserve Roastery v. NLRB, the U.S. Court of Appeals for the Second Circuit vacated and remanded the National Labor Relations Board’s (“NLRB” or “Board”) 2024 decision finding that Starbucks unlawfully
On the Chopping Block: NLRB GC Issues Memorandum Detailing Policy Priorities
On August 26, 2026, NLRB General Counsel Crystal Carey issued Memorandum GC 26-04, following the historic trend from recent predecessors, indicating the NLRB precedent she has asked or will ask the Board to revisit. Newly appointed General Counsels often
When Is a Protest in the Workplace Not a “Workplace” Protest? NLRB Backs Microsoft’s Termination of Employees Who Organized Gaza Demonstration
Can employees be fired for organizing a protest at work that violates workplace rules if the protest isn’t actually about work? According to a recently released Advice Memorandum from the National Labor Relations Board (“NLRB”), the answer may be yes.
HALTED: Federal Court Declares NJ’s Labor Peace Agreement Requirement Preempted by the NLRA
On August 10, 2026, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey declared that the National Labor Relations Act (“NLRA”) preempts the labor peace agreement (“LPA”) requirement in New Jersey’s Cannabis Regulatory, Enforcement
Texas Court Clash: Do Unconstitutional NLRB Removal Protections Pause an Unfair Labor Practice Case?
A Texas federal district court has split with another Texas district court on a key question: when a court declares the National Labor Relations Board’s removal protections unconstitutional, can it sever the offending provisions and allow an unfair labor practice
UPDATE: D.C. Circuit Strikes Down NLRB Successor Bar in Major Post-Loper Bright Ruling
On July 21, 2026, the D.C. Circuit issued a significant post-Loper Bright decision rejecting the National Labor Relations Board’s (“Board”) successor-bar doctrine. In Hospital Menonita de Guayama, Inc. v. NLRB, No. 22-1163 (D.C. Cir. July 21, 2026), a