On December 1, 2025, in NLRB v. Constellis, LLC, a unanimous Fourth Circuit panel joined other federal appellate courts in narrowly interpreting the National Labor Relations Act’s (“NLRA” or the “Act”) judge-made managerial exception, which carves out certain high-level employees
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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
Pro-Employer Labor Law Reform Proposed by Senate GOP: What’s in the Package and Why It Matters
Labor law reform resurfaces nearly every Congress, but rarely advances given polarized views. The National Labor Relations Act (“NLRA” or “Act”) has not been amended since 1984, yet proposals continue to recur—the Protect the Right to Organize Act (“PRO Act”)
Rejected, Again: The Sixth Circuit Denies NLRB Enhanced Remedies, Expanding Circuit Split
We have been tracking the ongoing challenges to the National Labor Relations Board’s (“NLRB” or “Board”) power to issue enhanced remedies under Thryv, Inc., 372 NLRB No. 22 (2022). In Thryv, the Board held that employees aggrieved by an unfair
Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit
Context Matters: Eighth Circuit Backs Home Depot’s Ban on BLM Apron Message Due To “Special Circumstances”
On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board (“NLRB” or “Board”), holding that the Board improperly rejected Home Depot’s “special circumstances” and business-justification defenses to banning an employee’s BLM
Fifth Circuit Denies Enforcement of NLRB’s Enhanced Remedies, Widening Circuit Split
On October 31, 2025, the Fifth Circuit held that the National Labor Relations Board (“NLRB” or “Board”) impermissibly awarded compensatory damages to striking employees who were fired. As we reported here, the court’s ruling widens a circuit split between
Rejected: Ninth Circuit Denies Constitutional Attacks on NLRB
On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit courts, making it harder—for now—for
UPDATE: NLRB Files Suit Against California for Dramatically Expanding State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction
On September 30, 2025, California Governor Gavin Newsom signed into law AB 288, which amends the state’s labor law and significantly expands the power of its Public Employment Relations Board (“PERB”) to cover private-sector employees currently under the exclusive jurisdiction of
Takeaways From Ninth Circuit’s Revival Of Trader Joe’s Trademark Infringement Suit Against Independent Union Over Labor-Branded Merchandise
The Ninth Circuit’s recent resurrection of Trader Joe’s trademark infringement suit over an independent union’s sale of apparel, mugs, tote bags, and other labor-branded merchandise that allegedly infringed the company’s intellectual property highlights key issues at the intersection of federal