On August 19, 2025, the Fifth Circuit Court of Appeals upheld injunctions barring the National Labor Relations Board (NLRB) from prosecuting unfair labor practices (ULP)/charges against three employers, including Space X. This decision stems from the constitutional challenges to the way the NLRB is structured and raises broader questions about the current structure of the NLRB.
The recent appellate decision can be traced back to June 2024, when the U.S. Supreme Court issued its landmark decision in SEC v.
On September 3, 2025, in Minnesota Chapter of Associated Builders and Contractors v. Ellison, et al., the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 ruling, dismissed a lawsuit challenging Minnesota’s captive audience speech law (aka the “Employer-Sponsored Meetings or Communication Act” or the “Act”). In short, the Eighth Circuit’s decision means that the Act remains in effect and is enforceable against Minnesota employers. Overview of the Minnesota Employer-Sponsored Meetings or Communication Act
A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In Coffman v. Nexstar Media Inc., No. 23-2253 (4th Cir. July 22, 2025), the Fourth Circuit upheld the dismissal of a former employee’s claims under the West Virginia Human Rights Act (WVHRA) and the Family and Medical Leave Act (FMLA), finding that