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Monday, August 31, 2026
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Top Five Labor Law Developments for July 2026 - Jackson Lewis

7 days ago
in Press Release

  1. James Macy was sworn in as a member of the National Labor Relations Board, giving Republicans a three-member majority following the Senate’s confirmation of Macy and David Prouty. Macy joins Chairman James Murphy and Member Scott Mayer in a 3-1 Republican majority, while Prouty will continue as the Board’s sole Democrat for a new term beginning August 28. Although Republicans already held a majority, consistent with long-standing Board practice, Murphy and Mayer had been reluctant to overturn established precedent without a third Republican vote. The new composition creates a path to revisit decisions involving workplace rules, severance agreements, bargaining obligations, protected concerted activity, and remedies as appropriate cases arise. Employers should monitor pending cases for early indications of how the new majority may reshape federal labor law.
  2. A Texas federal district court held that statutory removal protections for Board members and administrative law judges are unconstitutional but allowed the proceedings to continue after severing those protections. Following a 2025 U.S. Court of Appeals for the Fifth Circuit decision and the recent U.S. Supreme Court’s decision in Trump v. Slaughter, No. 25-332 (June 29, 2026), the court concluded that the National Labor Relations Act’s removal restrictions violate the president’s authority under Article II of the Constitution. The court nevertheless denied the employer’s request to permanently enjoin the unfair...


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