For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor Relations Board’s (NLRB) decision in Cemex Construction Materials Pacific LLC (Cemex Decision). The Ninth Circuit has finally issued its decision – and completely sidestepped the issue which everyone was waiting to be addressed.
Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard
In its decision, the United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) dissolved a 10(j) injunction against an employer, holding that federal courts should not issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer’s rebuff of the union will cause irreparable harm. That is, rather than allowing the NLRB to presume irreparable harm only from the employer’s refusal to bargain, the Sixth Circuit’s decision requires a more robust inquiry, as is typical in most other injunction cases.
Continue Reading Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard
Federal Appeals Court Invalidates NLRB’s Cemex Standard
The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at least within the Sixth Circuit’s jurisdiction (Tennessee, Kentucky, Ohio, and Michigan), the Cemex decision has been invalidated, and its onerous remedies will not be available for the NLRB to impose upon employers in those states.
Continue Reading Federal Appeals Court Invalidates NLRB’s Cemex StandardPresident Trump’s NLRB Gains Quorum and GC, Flurry of Activity Expected
On January 7, James Murphy and Scott Mayer, as National Labor Relations Board (NLRB or Board) members, and Crystal Carey, as the NLRB’s General Counsel (GC), were sworn into their roles following their confirmation votes in the Senate.
Continue Reading President Trump’s NLRB Gains Quorum and GC, Flurry of Activity ExpectedRegister Now | Responding to Policy Shifts Under the Trump Administration
As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.
Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration
Big Changes Are Coming to the NLRB with President Trump’s Second Term
The National Labor Relations Board (NLRB) is poised for a major shift following recent changes under the Trump administration. With two open seats on the board, President Trump is expected to appoint Republican members, reshaping the NLRB’s political landscape and reversing key Biden-era labor policies.
Continue Reading Big Changes Are Coming to the NLRB with President Trump’s Second TermPresident Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC
Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in the political leanings of the EEOC. One of those changes, the firing of EEOC General Counsel Karla Gilbride, was expected. The other changes, the firing of EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, were unexpected and unprecedented.
Continue Reading President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOCPresident Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented
Update (February 3, 2025): On February 1, President Trump fired Acting General Counsel Jessica Rutter. At this time, it is unclear who will serve as Acting General Counsel or who President Trump will ultimately appoint as General Counsel of the NLRB. We will closely monitor and report on further developments.
Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the president’s direct authority over government agencies. One of those changes, the firing of NLRB General Counsel Jennifer Abruzzo, was expected and somewhat surprising that it took this long. The other change, the firing of Board Member Gwynne Wilcox, was unexpected and unprecedented.
Continue Reading President Trump Makes Two Big Changes to NLRB – One Expected, One UnprecedentedSupreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had imposed a more difficult clear-and-convincing standard of proof. But, the Supreme Court made clear that the preponderance-of-the-evidence standard of proof applies.
Continue Reading Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime ExemptionsNational Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office
On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted re-appointment of Chairman McFerran failed on a procedural vote when a vote to end debate and consider the nomination failed. Following this vote against ending debate, which resulted in the failure of McFerran’s nomination, a scheduled vote on another of Biden’s NLRB nominations, a Republican nominee, was withdrawn.
Continue Reading National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office