National Labor Relations Law Facing New Court Challenges

National Labor Relations Law Facing New Court Challenges

Author: Legal Talk Network August 5, 2025 Duration: 48:50
 The National Labor Relations Act recently turned 90 years old, but there appear to be a series of new “what’s old is new again” challenges to the constitutionality of National Labor Relations Board’s powers, a replay of arguments harking back to the New Deal.  Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president’s power over the board.  The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades.  But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president’s power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again.  Mentioned in This Episode: “Relitigating the New Deal: The Stakes of Current Constitutional Challenges to the NLRB” by Diana Reddy, Duke University, Labor National Labor Relations Act “Is the NLRB Unconstitutional? The Courts May Finally Decide, by Alexander T. MacDonald, Federalist Society “National Labor Relations Board v. Jones & Laughlin Steel Corporation,” Oyez “Space Exploration Technologies Corp. v. National Labor Relations Board,” Justia “Donald J. Trump, President Of The United States, Et Al. V. Gwynne A. Wilcox, Et Al. On Application For Stay,” U.S. Supreme Court National Labor Relations Board  Equal Employment Opportunity Commission ABA Labor and Employment Law Section ABA Labor and Employment Law events

Hosted by the Legal Talk Network, ABA Labor and Employment Law Podcast digs into the complex human and legal stories behind today's workplace headlines. Each episode moves beyond soundbites by bringing together guests who hold opposing viewpoints on a current labor or employment issue, fostering a genuine dialogue that respects both sides of the negotiating table. This approach creates a space where nuanced arguments can unfold, allowing you to hear the rationale and concerns that shape real-world policies and disputes. Whether it's a debate on remote work regulations, unionization efforts, or shifting discrimination statutes, the conversation is designed to challenge assumptions and deepen understanding. By consistently presenting balanced perspectives, this podcast serves as an invaluable resource for professionals needing to stay informed, as well as for anyone curious about the forces shaping their own work environment. Tune in for a clear-eyed examination of the rules that govern our jobs and the people who debate them.
Author: Language: English Episodes: 11

ABA Labor and Employment Law Podcast
Podcast Episodes
Religious Employers and Employment Law: Whose Rights? [not-audio_url] [/not-audio_url]

Duration: 41:49
Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the wo…
Where Immigration and Employment Laws Collide, A Global Perspective [not-audio_url] [/not-audio_url]

Duration: 48:34
Coming to us from the November ABA Labor and Employment Section’s annual conference, we bring together two employment law experts with unique perspectives on the nexus of immigration and employment law. Representing work…
Get the Scoop! The ABA LEL Section Annual Conference, Nov. 12-15 [not-audio_url] [/not-audio_url]

Duration: 22:14
The 2025 ABA Labor and Employment Section annual conference is scheduled for Nov. 12-15 in Denver. In this episode, get a preview of the conference from planning committee co-chair Jeremy Glenn, host committee co-chair A…
Is DEI D-E-A-D? How Workplace Diversity Initiatives Are Being Reshaped [not-audio_url] [/not-audio_url]

Duration: 44:09
Diversity, equity, and inclusivity initiatives, DEI, have been under scrutiny in the past year. Is DEI “dead” or simply “evolving under pressure?” Guests Stephanie Jones and Joan Willaims – with decades of scholarship an…
Immigration and Employment Law, Today’s Tangled Web [not-audio_url] [/not-audio_url]

Duration: 41:55
When it comes to foreign workers inside the United States today, the world of immigration law has seemingly been upended. It can be hard to keep up with rapidly evolving events and rulings, but with clients and employers…
Recent Legal Developments in Pay Equity and Transparency [not-audio_url] [/not-audio_url]

Duration: 40:04
Unpack the complexities of pay equity and transparency with esteemed attorneys Erin M. Connell, representing employers, and Anne B. Shaver, representing employees. Throughout the episode, we’ll explore the legal nuances…
The Official Trailer for ABA Labor and Employment Law Podcast [not-audio_url] [/not-audio_url]

Duration: 2:20
Explore pressing issues like pay transparency, gig worker rights, non-compete clauses, and the impact of emerging AI tools on employment with host Matt Greer on ABA Labor and Employment Law Podcast. With insights from to…