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  • Top Five Labor Law Developments for December 2025 - Jackson Lewis

Top Five Labor Law Developments for December 2025 - Jackson Lewis

4 days ago
in Press Release

  1. The National Labor Relations Board has a quorum for the first time in nearly 12 months following the swearing-in of James Murphy and Scott Mayer as Board members. Their appointments restore the Board to the three-member quorum required to issue decisions. In addition, management-side attorney Crystal Carey was sworn in as the Board’s new general counsel (GC). The GC acts as the prosecutorial arm of the Board and is responsible for enforcing the National Labor Relations Act. These developments mark a significant step toward the Board operating at full capacity and will allow it to begin addressing a growing case backlog. Although the Board will be able to issue decisions, it typically declines to overturn precedent in the absence of a three-member political majority, which does not currently exist.
  2. A California district court enjoined a California statute that sought to expand the state’s Public Employment Relations Board’s (PERB) authority to oversee private sector labor relations generally governed by federal law. NLRB v. State of California and PERB, No. 2:25-cv-2979 (E.D. Cal. Dec. 26, 2025). The statute empowers PERB to step in and enforce labor rights for private sector workers in California when federal protections are unavailable or ineffective, such as when the Board is without a quorum. However, the California district court held the statute is likely preempted by the Act and granted the Board’s injunction request. A similar New York law was passed and then...


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