HeyJaredJoshua S. Fox
- Indexed articles, last 90 days
- 5
- Latest publication
- Sep 30, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 13, 2026
Latest articles
Flip-Flop: NLRB Reverses Course (Again) On Standard For Evaluating Offensive Employee Conduct (opens the original)
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In one of its first major decisions under its new Republican majority, the National Labor Relations Board (“NLRB” or “Board”) has again rejected “setting-specific standards” for analyzing when offensive employee conduct loses the protection of the National Labor Relations Act (“NLRA” or “Act”). In Lion Elastomers LLC, 375 NLRB No. 41 (2026) (“Lion Elastomers III”), issued September 23, 2026, the Board restored the familiar Wright Line burden-shifting framework for determining whether protected a
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
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
The Starbucks Effect: Sixth Circuit Vacates NLRB 10(j) Injunction (opens the original)
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On May 1, 2026, the U.S. Court of Appeals for the Sixth Circuit vacated a Section 10(j) injunction issued by a district court in Kerwin v. Trinity Health Grand Haven Hospital, 174 F.4th 942 (6th Cir. 2026). In its first Section 10(j) case since the Supreme Court’s 2024 decision in Starbucks Corp. v. McKinney, 602 U.S. 339 (2024), the Sixth Circuit applied the traditional four-factor preliminary injunction test and found that the National Labor Relations Board (“NLRB” or “Board”) failed to demons
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