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  • Top Five Labor Law Developments for October 2025 - The National Law Review

Top Five Labor Law Developments for October 2025 - The National Law Review

by Jackson Lewis P.C
4 days ago
in Press Release

  • The Senate Health, Education, Labor and Pensions Committee approved two Trump Administration nominees — James Murphy and Crystal Carey — for the National Labor Relations Board and its general counsel role, respectively. The panel did not vote on Scott Mayer, a corporate chief labor counsel, nominated alongside Murphy. The Board has been operating with only one member, Democrat David Prouty, following the departure of former Chairman Marvin Kaplan (whose term expired in August 2025) and President Donald Trump’s firing of former Board Member Gwynne Wilcox in January 2025. The lack of a full quorum continues to hinder the Board’s functionality, as the Board cannot issue decisions unless it has at least three members.
  • The U.S. Court of Appeals for the Ninth Circuit upheld a Board decision finding North American Foothills Apartments violated the National Labor Relations Act, despite the company’s constitutional challenges to the Board’s structure. NLRB v. North Mountain Foothills Apartments, No. 24-2223 (9th Cir. Oct. 28, 2025). The company argued that the statutory provision protecting administrative law judges (ALJs) from removal except for “just cause” violated Article II of the U.S. Constitution by infringing on the president’s removal power. The court held that it had jurisdiction to consider these unexhausted constitutional claims but found no compensable harm from the removal protections, as the president had not attempted to remove the ALJ in question. Because the...


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