On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal
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Charges Deferred, Grievances Preferred: NLRB Acting GC Issues New Guidance on Deferring Unfair Labor Practice Charges
On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice (“ULP”) charges to the grievance and
Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations
On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an employment applicant in the
Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit
In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred and preempted. In relevant part, the dispute was rooted
Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful
In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No. 24-60242 (5th Cir. July 7, 2025), the
SAG-AFTRA Strikes Back: Files ULP Over AI Darth Vader in Fortnite
On May 19, 2025, the Screen Actors Guild‐American Federation of Television and Radio Artists (“SAG-AFTRA”)—the union representing actors, voice artists, and other media professionals—filed an unfair labor practice charge against Llama Productions, a subsidiary of Epic Games, over the use
Oregon’s Cannabis Labor Peace Law Struck Down
On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as of December
NLRB Releases FY 2026 Budget: Proposed Staffing Cuts and Focus on Efficiency and IT Modernization
Amidst ongoing transitions—with the Board operating with a quorum and the President’s nominee for General Counsel pending Senate confirmation—the National Labor Relations Board (“NLRB” or “Board”) released its Fiscal Year (“FY”) 2026 Budget Justification on May 23, 2025. The
NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now
On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne A. Wilcox and Merit Systems Protection Board (“MSPB”) member
NLRB Pulls a U-Turn on Remedial Relief in Settlement Agreements: New GC Issues Guidance Encouraging Efforts at Settlement
On May 16, 2025, the National Labor Relations Board’s (“NLRB”) Acting General Counsel, William B. Cowen, issued Memorandum GC 25-06, titled “Seeking Remedial Relief in Settlement Agreements,” that significantly loosens the requirements before NLRB Regions to approve settlements of