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
NLRB Division of Advice: Employee Gaza Protests are Not Protected Activity
In a National Labor Relations Board (NLRB) Division of Advice memorandum recently released to the public, although in redacted form, the Division of Advice said that one of the world’s largest software companies did not violate the law by firing two employees who organized a protest of the war in Gaza at the company’s headquarters. … 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 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
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
NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful
The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In the memo issued to NLRB regional offices on June 25, 2025, Acting General Counsel William B. Cowen instructed regions to issue a complaint, alleging bad faith bargaining, if an investigation reveals surreptitious recording occurred. … Continue Reading
Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions
The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to ignore a swatch of Biden-era decisions pursuant to President Trump’s Executive Order asserting that the President and the AG have the power to interpret the law for all agencies. … Continue Reading