On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board (“NLRB”) against three constitutional challenges in NLRB v. North Mountain Foothills Apartments LLC (9th Cir. Oct. 28, 2025).Continue Reading Ninth Circuit Upholds NLRB Authority and Structure – Creating Split with Fifth Circuit
The 2024–2025 California legislative session came to an official close at midnight on October 13, 2025, when Governor Newsom’s deadline to sign or veto bills passed by the Legislature expired. Of the approximately 917 bills passed by the Legislature, the Governor signed 794 bills into law and vetoed 123 bills. The bills signed into law include several new employment-related laws for California employers.Continue Reading California’s 2024-2025 Legislative Session Closes with a Host of New Employment Laws for 2026
The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution.Continue Reading NLRB Challenges California’s AB 288 as Preempted by Federal Law
On Tuesday September 30, 2025, California Governor Gavin Newsom signed Assembly Bill 288 (“AB 288”), which grants a California state agency the authority to enforce federal labor law in the absence of action by the National Labor Relations Board (“NLRB”).Continue Reading California Signs Law Granting State Agency Authority Over Private Sector Labor Disputes
As we discussed in June, the New York State Legislature passed a bill usurping the power of the National Labor Relations Board (“NLRB” or “Board”) to regulate labor disputes in the private sector while the Board lacks a quorum. On September 5, 2025, Governor Kathy Hochul signed the bill into law, which became effective immediately. Unsurprisingly, shortly thereafter, NLRB Acting General Counsel William Cowen announced that the NLRB is preparing to file a lawsuit challenging the new law, which he called an attack on the “core jurisdiction” of the NLRB.Continue Reading The NLRB Announces Its Intention to Sue Just as Governor Hochul Signs Bill Asserting Jurisdiction Over Labor Relations in New York
The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s Acting General Counsel (“AGC”) William Cowen issued updated guidance that both clarifies and intensifies scrutiny around salting cases, altering how these matters will be investigated and litigated.[1] Employers and HR professionals should take note of this evolving landscape.Continue Reading Hold the Salt: Key Takeaways from the NLRB’s New Guidance on Union Salting
As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the unprecedented step of firing former Board Member Gwynn Wilcox before her five-year term had expired and continued as William B. Cowen, the Acting General Counsel (“AGC”) who was appointed to replace fired Biden-era GC Jennifer Abruzzo, rescinded many of the more notable guidance memoranda Abruzzo issued during her term. The General Counsel is responsible for the investigation and prosecution of unfair labor practice cases and supervising the regional NLRB offices, and while the positions advanced by the General Counsel’s Office are not binding upon the Board, they nevertheless signal a shift in prosecutorial priorities and often portend eventual adoption of these positions by the Board in a future case.Continue Reading NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress. New York lawmakers have passed legislation that, if signed by Governor Kathy Hochul, would grant state agencies the power to enforce federal labor law. Employers could face significant challenges if this bill becomes law. Most concerning, employers could have a collective bargaining agreement imposed on them by an arbitrator.Continue Reading New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB
On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her official capacity as Governor of the State of Oregon, et al., Case No. 3:25-cv-244-SI (D.Or. May 20, 2025), striking down Oregon’s United for Cannabis Workers Act and holding that the law is preempted by the National Labor Relations Act (“NLRA”) in violation of the Supremacy Clause and the First Amendment of the United States Constitution.Continue Reading Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will No Longer Enforce State Requirement
On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The latest decision comes in a long line of court decisions since Trump terminated Wilcox in January 2025. The central issue revolves around 90-year-old precedent Humphrey’s Executor v. U.S., 295 U.S. 602 (1935) limiting the President’s power to fire employees at independent agencies. Continue Reading Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum
National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Continue Reading Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal