The National Labor Relations Board (“NLRB” or “Board”) this week confirmed that the Wright Line standard remains binding precedent for employers navigating discipline of employees for offensive conduct during otherwise protected Section 7 activity. This case brings to a close—at least for now—a years-long tug-of-war between the Board and the U.S.… Continue Reading
Second Circuit: No Deference to NLRB’s Dress Code Restrictions
Last week, the U.S. Court of Appeals for the Second Circuit refused to enforce the National Labor Relations Board’s (NLRB) restrictive view of employer dress code policies, as premised on the Board’s erroneous legal foundation for assessing such policies.
In Starbucks Reserve Roastery, No. 24-3168 (2d Cir. Sept. 2, 2026), the Starbucks Workers United union challenged the following Starbucks dress code policies:
- In addition to Starbucks-approved or issued pins, Starbucks employees may wear on their apron “one reasonably sized and placed button or pin that identifies a particular labor organization or a partner’s support for that organization, except if it interferes with safety or threatens to harm customer relations or otherwise unreasonably interferes with Starbucks’ public image.”
Maryland Graduate Assistant Unionization Bill Passes: What Universities Should Know
On April 13, 2026, the Maryland General Assembly passed a bill granting graduate assistants at the University of Maryland, College Park and the University of Maryland, Baltimore County collective bargaining rights. The bill passed both chambers with amendments, and pending Governor Wes Moore’s signature, the legislation will take effect on July 1, 2028.… Continue Reading
Maryland Poised to Ban Captive Audience Meetings
Maryland is set to join a growing number of states banning so-called “captive audience” meetings, in which employers require their employees to hear their views on political or religious matters, including membership in a labor union. If signed by Governor Wes Moore, the law will be effective October 1, 2026.
Maryland’s SB 417
Maryland’s SB 417 makes it unlawful for an employer to discharge, discipline or otherwise penalize an employee (or threaten these actions), because the employee declines to attend, participate in, or listen to the employer’s communications on political or religious topics in an employer-sponsored meeting. … Continue Reading
NLRB Formally Withdraws Biden-Era Joint Employer Standard
On February 26, 2026, the National Labor Relations Board (“NLRB” or the “Board”) published a final rule formally withdrawing its 2023 joint employer regulation and reinstating the narrower 2020 standard for determining joint employer status under the National Labor Relations Act (“NLRA”).
Under the reinstated 2020 rule, joint employer status only will be found where “two employers share or codetermine the employees’ essential terms and conditions of employment.”… Continue Reading
Return to Normalcy at the NLRB? – New General Counsel and Board Members Signal that Stability and Addressing Backlog Are Priorities
With the December 2025 appointment of two Board members and a new General Counsel, the National Labor Relations Board (NLRB or the Board) is up and running again. Recent developments from the General Counsel’s office and the Board signal important guidance about the Agency’s priorities as Trump’s appointees take the helm.… Continue Reading
Hurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican Support
Originally introduced in the Senate in March 2025, Representative Donald Norcross (D-NJ) introduced the Faster Labor Contracts Act (“FLCA”) to the House of Representatives on September 16, 2025. The FLCA seeks to hasten the bargaining of first collective bargaining agreements. According to the Proposed Bill, average number of days for bargaining a first contract were well over a year — 465 days.… Continue Reading
UPDATE – SUPREME COURT DENIES REVIEW OF THRYV: Make-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit Split
Update as of June 18, 2026. On June 15, 2026, the Supreme Court denied Macy’s petition for certiorari of the Ninth Circuit’s IUOE, Local 39 v. NLRB decision (discussed below) imposing Thryv expanded remedies in a discharge case under the National Labor Relations Act. The denial was without comment, and a circuit split remains.… Continue Reading
Washington Establishes Worker Rights Unit in Response to Declining Federal Enforcement
Washington Attorney General Nick Brown recently announced the formation of a new Worker Rights Unit dedicated to enforcing state labor laws and addressing wage theft. The announcement reflects on the federal government’s “dismantling” of labor enforcement efforts, as a basis for Washington to expand state-level efforts to protect workers and hold noncompliant employers accountable. … Continue Reading
New Jersey Expands Captive Audience Prohibition to Meetings about Unionization
On September 3, 2025, New Jersey Governor Phil Murphy signed legislation prohibiting employers from mandating employee participation in communications about the decision to join or support a labor organization or association. The measure expands New Jersey’s existing restrictions on these “captive audience” meetings related to political and religious matters and joins several other states, including California, New York, Illinois, and Washington, that ban employers from requiring attendance at meetings about religious, political, or labor organization issues.… Continue Reading