SpaceX Victory: Court Questions NLRB's Constitutional Authority

This week, we’re examining a Texas court's recent decision that questions the constitutional authority of the National Labor Relations Board (NLRB).

SpaceX Victory: Court Questions NLRB's Constitutional Authority

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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Other Highlights

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 Gig Continues: California Supreme Court Upholds Proposition 22
Wage and Hour Defense Blog
Haley Morrison

Do the PAGA Amendments Create a Trap for California Employers? Yes. Are They Likely to Reduce the Number of PAGA Actions? No.
Wage and Hour Defense Blog
Michael S. Kun

Pennsylvania Passes Law Limiting Use of Non-Competes for Health Care Practitioners
Trade Secrets & Employee Mobility
David J. Clark

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