Joshua S. Fox
- Indexed articles, last 90 days
- 6
- Latest publication
- Sep 14, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 9, 2026
Latest articles
A More Tailored Approach: Second Circuit Rejects NLRB’s Dress Code Standard (opens the original)
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On September 2, 2026, in Siren Retail Corp., d/b/a Starbucks Reserve Roastery v. NLRB, the U.S. Court of Appeals for the Second Circuit vacated and remanded the National Labor Relations Board’s (“NLRB” or “Board”) 2024 decision finding that Starbucks unlawfully prohibited workers at a Manhattan coffee shop from wearing union pins and shirts. The Court rejected the NLRB’s standard for analyzing workplace dress code rules established in Tesla, Inc., 371 NLRB No. 131 (2022), and remanded the case f
When Is a Protest in the Workplace Not a “Workplace” Protest? NLRB Backs Microsoft’s Termination of Employees Who Organized Gaza Demonstration (opens the original)
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Can employees be fired for organizing a protest at work that violates workplace rules if the protest isn’t actually about work? According to a recently released Advice Memorandum from the National Labor Relations Board (“NLRB”), the answer may be yes. The NLRB’s Division of Advice concluded that Microsoft lawfully discharged two employees who organized a protest concerning the war in Gaza at the company’s Redmond, Washington headquarters—because the protest’s connection to workplace concerns was
Texas Court Clash:Do Unconstitutional NLRB Removal Protections Pause an Unfair Labor Practice Case? (opens the original)
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A Texas federal district court has split with another Texas district court on a key question: when a court declares the National Labor Relations Board’s removal protections unconstitutional, can it sever the offending provisions and allow an unfair labor practice charge to proceed—or must the proceeding be permanently enjoined? In Aimbridge Employee Service Corp. v. NLRB, No. 4:25-cv-1014 (E.D. Tex. July 27, 2026), Judge Amos Mazzant held that the removal protections are severable—mooting the em
UPDATE - D.C. Circuit Strikes Down NLRB Successor Bar in Major Post-Loper Bright Ruling (opens the original)
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On July 21, 2026, the D.C. Circuit issued a significant post-Loper Bright decision rejecting the National Labor Relations Board’s (“Board”) successor-bar doctrine. In Hospital Menonita de Guayama, Inc. v. NLRB, No. 22-1163 (D.C. Cir. July 21, 2026), a divided panel held that the Board lacked statutory authority to impose the successor bar—a rule that temporarily prevents challenges to an incumbent union’s majority status after a new employer acquires a unionized business. The ruling is among the
UPDATE: Trump’s Latest NLRB Pick Could Swing Biden-Era Precedent (opens the original)
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As we reported here, on April 13, 2026, President Trump nominated James Macy to fill the third vacant Republican seat on the National Labor Relations Board (“NLRB” or the “Board”). On July 15, 2026, the Senate Health, Education, Labor and Pensions (“HELP”) Committee approved President Trump’s nomination of James Macy as a new Republican Member of the National Labor Relations Board (“NLRB” or the “Board”). Macy’s nomination and Prouty’s renomination now await a Senate confirmation vote. Although
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