By: Michael Berkheimer and Alyson Dieckman
In a July 21, 2026 decision, the D.C. Circuit struck down the National Labor Relations Board’s “successor bar” doctrine, holding that it is inconsistent with the National Labor Relations Act. In doing so, the majority opinion in Hospital Menonita de Guayama v. NLRB relied on Loper Bright and the
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
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 Alex Meier & Cary Reid Burke
The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a consolidated complaint alleging that certain restrictive covenants contained in offer letters and policies in an employee
By: Molly Gabel and Rachael Reed
On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include statutory employees’ efforts to advocate for nonemployees. To reach
By: Saman Haque and Cary Burke
Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected activity. The ALJ’s decision could also provide employees an expanded definition of protected activity by
By: Michael Berkheimer, Elliot Fink, and Jennifer Mora
On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort action against a labor organization that sanctioned a
By: Cary Burke, Sul Ah Kim, and Olivia Jenkins
Seyfarth Synopsis: Recently, the National Labor Relations Board issued a decision that grants employees broad leeway to make lewd, lascivious, racist, or otherwise inappropriate comments at work, so long as those comments are connected in some way to wages, hours, terms and conditions of
By: Kyllan Kershaw & Kaitlyn Whiteside
Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose information related to individual overscale contracts because the request related to the union’s investigation of potential sex discrimination, a mandatory subject of bargaining.