On September 23, 2026, the Board released its decision in Lion Elastomers, LLC (Lion Elastomers III) and returned to the standard it had previously adopted in General Motors regarding how the Board will assess misconduct that occurred while an employee was engaged in activity protected by the National Labor Relations Act. The
By: Madeline Remish and Harrison Kuntz
Corrective Action and Compliance Can End the Case: when fixing the problem ends the lawsuit—for public employers.
In a significant and practical win for public employers, the First Circuit reaffirmed a core constitutional limit on federal courts: once challenged conduct stops, affected employees are made whole, and institutional policies
By: Elliot Fink and Jennifer L. Mora
Since our 2024 update on California’s Labor Peace Agreement (“LPA”) requirement, the landscape for licensees in recreational cannabis states such as California and New York has remained murky. Although the evidence around compliance and enforcement of these rules has been scant, that has not prevented licensees from continuing
By: Kamran Mirrafati and John T. Ayers-Mann
Seyfarth Synopsis: Newly issued guidance from the NLRB encourages efficient resolution of labor disputes, giving employers more flexibility in crafting resolutions to reach practical compromises in appropriate cases. The memorandum also effectuates a limitation of the Board’s Thryv, Inc. decision, such that losses indirectly caused by an
By: Kenneth Dolin and Elliot Fink
As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66 (2019) and its more even-handed and practical “contract coverage test” and returned to
By: Paul Galligan
On November 4, 2024, Mayor Adams signed Intro 0991-2024, also known as the Safe Hotels Act. The Act will become effective 180 days after November 4th. Initially proposed at the NYC Assembly in July 2024, the Safe Hotels Act created a lot of controversy with several hotel associations opposed to
By: Alyson Dieckman, Jennifer Mora, and Glenn Smith
Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s practice of approving consent orders, whereby an administrative law judge
Authors: Michael D. Berkheimer and Jennifer L. Mora
On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper Bright means for National Labor Relations Board (NLRB) decisions, however
By: Michael Berkheimer, Cary Burke, and Sage Fishelman
In an opinion drafted by Justice Thomas and joined by seven other Justices, the U.S. Supreme Court on June 13, 2024, vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the National Labor Relations Act (“Act”). In doing
By: John Phillips and Ken Dolin
Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct away from the bargaining table, (2) not even one of the employer’s proposals being unlawful