Labor Law - General

The U.S. Supreme Court granted the Trump Administration’s application to stay former National Labor Relations Board Member Gwynne Wilcox’s reinstatement. Trump, et al. v. Wilcox, et al., No. 24A966 (May 22, 2025). The U.S. Court of Appeals for the D.C.

TakeawaysThe injunction vacates federal agencies’ memoranda exempting certain construction projects from mandatory PLA requirements.Executive Order 14063 (EO) and related Federal Acquisition Regulations requiring PLAs on large-scale federal construction projects remain in effect.Despite the injuncti

U.S. Supreme Court Chief Justice John Roberts temporarily halted a U.S. Court of Appeals for the D.C. Circuit Court order reinstating National Labor Relations Board Member Gwynne Wilcox. Trump, et al. v. Wilcox, et al., No. 24A966 (Apr. 9, 2025). Following President Donald Trump’s unprecedented term

The National Labor Relations Board once again lacks a quorum to issue decisions. The U.S. Court of Appeals for the D.C. Circuit granted the Trump Administration’s emergency request to stay a lower court’s decision reinstating Board Member Gwynne Wilcox. Wilcox v. Trump, et al., No. 25-5057 (D.C. Cir

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. The Spring 2025 issue includes:

A federal judge for the District of Columbia held President Donald Trump’s termination of National Labor Relations Board Member Gwynne Wilcox violated the National Labor Relations Act; Wilcox’s reinstatement restores Board quorum. Wilcox v. Trump and Kaplan, No. 1:25-cv-00334 (D.D.C Mar. 6, 2025). T

President Donald Trump removed National Labor Relations Board member Gwynne Wilcox and General Counsel (GC) Jennifer Abruzzo and appointed a new interim GC. While Abruzzo’s termination was widely expected, Wilcox’s discharge is unprecedented.

With two Board member vacancies open for incoming President Trump to fill with Republicans, the National Labor Relations Board is expected to shift to a 3 – 2 Republican majority.

The National Labor Relations Board returned to the “clear and unmistakable waiver” standard for analyzing the legality of unilateral changes to employees’ terms and conditions of employment when there is an effective collective bargaining agreement. Endurance Environmental Solutions, LLC, 373 NLRB N

By: Efforts to Turn NCAA Student-Athletes Into Employees Takes A Major Step Backwards In September 2023, the Service Employees International Union filed a Petition to represent the players on the Dartmouth College “Men’s Basketball Team.” In March 2024, an election was held. Dartmouth College’s mens

A recent NLRB decision reinstated the “clear and unmistakable waiver” standard for determining whether a union has contractually waived its right to bargain over changes to terms and conditions of employment. Although this decision makes it more difficult for unionized employers to rely on contractu

The National Labor Relations Board prohibited employers from holding mandatory “captive audience” meetings, overturning long-standing precedent. 373 NLRB No. 136 (Nov. 13, 2024). The decision prohibits employers from requiring employees to attend meetings where the employer expresses views on unioni

Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority. President Joe Biden has made two Board member nominations (one Republican and one De

Takeaways:The General Counsel expanded her theory that certain restrictive covenants are unlawful by also including “stay-or-pay” provisionsEmployers could soon face expanded remedies for proffering, maintaining, or enforcing non-compete and “stay-or-play” provisions deemed unlawfulEmployers have un

Goldberg Segalla’s Labor Law Update keeps clients informed about significant changes and cases involving New York’s Labor Law. The Fall 2024 issue includes:

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule affecting employer recognition of unions in the construction industry, blocking ch

By: NLRB GC Memo Calls For Aggressive Retroactive Make-Whole Remedies Against Employers Last year, National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, issued GC Memorandum 23-08 opining that, with some exceptions, the maintenance and enforcement of non-compete agree

NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA. The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.

In another post- McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views so-called “stay-or-pay” provisions as unlawful.