This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB).
Last week, a Texas district judge challenged the constitutionality of the NLRB’s structure. Judge Albright of the U.S. District Court for the Western District of Texas issued a preliminary injunction in favor of SpaceX, suggesting that the president’s inability to dismiss NLRB administrative law judges and board members could be unconstitutional. Epstein Becker Green attorneys Steve Swirsky and Erin Schaefer provide their analysis of this ruling, its implications for employers, and the potential for similar challenges to arise across other jurisdictions.
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Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing from Proceeding
Management Memo
Steven M. Swirsky, Stuart M. Gerson, Michael S. Ferrell, Erin E. Schaefer
Teeing Up a Circuit Split on the FTC’s Non-Compete Rule: Pennsylvania Judge Diametrically Opposes Earlier Decision by Texas Judge
Trade Secrets & Employee Mobility
Carolyn O. Boucek, Peter A. Steinmeyer, Erik W. Weibust
The Trump administration’s fraud prosecution of the Southern Poverty Law Center is set for arraignment on Thursday afternoon. Ahead of the scheduled court appearance in Alabama, defense lawyers fo...