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On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices concerning unfair labor practice (“ULP”) case processing. Among other things, GC 26-03 encourages Regional Offices to be less aggressive…
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California Employment Law Update
California—where the sun shines, the waves crash, and juries keep dishing out verdicts so large they should come with their own seismic scale. Since our Special Halloween Edition on California’s “scariest” employment law verdicts, the trend toward “nuclear” and even…
Continue ReadingGovernment Contractor Compliance & Regulatory Update
OFCCP is undergoing yet another significant organizational shift, as the agency’s director recently announced a restructuring plan for its remaining workforce. This development signals the latest chapter in the OFCCP’s transformation under the Trump Administration. According to reports, OFCCP Director…
Continue ReadingLabor Relations Update
The National Institutes of Health (NIH) has withdrawn recognition from the union representing its postdoctoral and graduate student fellows. In the email announcing the decision, the NIH stated it withdrew recognition because the fellows are not “employees.” Unionization at federal…
Continue ReadingProskauer Whistleblower Defense
The Antitrust Division of the Department of Justice announced on January 29, 2026 that it had rewarded $1,000,000.00 to an anonymous whistleblower for their report of a bid rigging scheme in violation of the Sherman Act and 18 U.S.C. §…
Continue ReadingEmployee Benefits & Executive Compensation
District Court Reinforces Role of Article III Standing Limits in Post-Cunningham ERISA Litigation
As has been discussed and written about extensively, the U.S. Supreme Court lowered the pleading standard for claims alleging violations of ERISA’s prohibited transaction rules. Cunningham v. Cornell University, 604 U.S. 693 (2025). A recent decision addressing a motion to…
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