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 the National Labor Relations Board (“NLRB” or “Board”). Under AB 288, PERB can...| Labor Relations Update
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 labor and IP law. The case, Trader Joe’s Co. v. Trader Joe’s United, No. 24-2826,...| Labor Relations Update
After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path to organize rideshare drivers. California Governor Gavin Newsom is framing the bill as the result of a compromise...| Labor Relations Update
On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed an “NLRB Trigger Bill” amending the New York State Labor Relations Act. The statute itself is hardly a model of clarity, but its sponsors describe it as an effort to expand the jurisdiction of New York’s Public Employment Relations Board...| Labor Relations Update
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 protections. In its holding, the court concluded that the for-cause removal protections—for NLRB Administrative Law...| Labor Relations Update
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| Labor Relations Update
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 salting context is protected by the National Labor Relations Act (“NLRA” or the “Act”). While...| Labor Relations Update
In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by| Labor Relations Update
Although the National Labor Relations Board (NLRB) has operated for most of this year without a quorum and thus unable to issue decisions, that could soon change. President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring...| Labor Relations Update
In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer| Labor Relations Update
On March 6, 2025, a D.C. federal judge reinstated former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, restoring the Board| Labor Relations Update
On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively,| Labor Relations Update
On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth| Labor Relations Update
