Mark S. Spring
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Articles by Mark S. Spring
Employers Weigh Labor Risks as Biden NLRB Policies Await Rewrite
Employers are operating in a state of legal uncertainty as they wait for the National Labor Relations Board to begin overturning binding Biden-era precedents that still remain on the books.
James Macy Joins the NLRB: A New Pro-Employer Majority Poised to Potentially Reshape Labor Laws
The National Labor Relations Board took a significant step toward a potential new era of labor law earlier this week. On Monday, August 17, 2026, James R. Macy was sworn in as a Member of the Board. President Donald Trump nominated Macy in April for a term extending through August 27, 2030.
New 2027 California State Wide Minimum Wage = Three Percent Increase | JD Supra
Late last week, California has announced that the new minimum wage for 2027 will be $17.40 per hour. This represents an increase of fifty cents per hour or approximately 3 percent (from $16.90 currently).
James Macy Joins the NLRB: A New Pro-Employer Majority Poised to Potentially Reshape Labor Laws
The National Labor Relations Board took a significant step toward a potential new era of labor law earlier this week. On Monday, August 17, 2026, James R. Macy was sworn in as a Member of the Board. President Donald Trump nominated Macy in April for a term extending through August 27, 2030.
New 2027 California State Wide Minimum Wage = Three Percent Increase
Late last week, California has announced that the new minimum wage for 2027 will be $17.40 per hour. This represents an increase of fifty cents per hour or approximately 3 percent (from $16.90 currently).
[Webinar] Remote Work Reality - Managing California Employees in 2026 - August 26th, 10:00 am - 11:00 am PT | JD Supra
Remote and hybrid work are now firmly embedded in the workplace, but the legal risks associated with managing employees outside the traditional office have only become more complex. California employers must navigate wage and hour compliance, expense reimbursement, disability accommodation requests, workplace safety, data security, performance management, and multi-state issues-often while balancing employee expectations with evolving operational needs.
NLRB Removal Protections Ruling Clouds Outlook for Halting Cases
Deep Dive Aug. 13, 2026, 9:13 AM UTC A district court split within the Fifth Circuit jeopardizes employers’ once clear path to halting National Labor Relations Board proceedings by challenging agency officials’ removal protections within the appellate court’s jurisdiction. District judges within the US Court of Appeals for the Fifth Circuit have divided on the proper remedy for job shields for NLRB members and agency judges that violate the Constitution.
NLRB Removal Protections Ruling Clouds Outlook for Halting Cases
A district court split within the Fifth Circuit jeopardizes employers’ once clear path to halting National Labor Relations Board proceedings by challenging agency officials’ removal protections within the appellate court’s jurisdiction. District judges within the US Court of Appeals for the Fifth Circuit have divided on the proper remedy for job shields for NLRB members and agency judges that violate the Constitution.
What is the Current Status of the Legality of Captive Audience Meetings for California Employers? | JD Supra
For many decades, California employers have relied on mandatory employee meetings-commonly referred to as "captive audience meetings"-to communicate their views during union organizing campaigns. That long-standing practice was upended in late 2024 when the National Labor Relations Board ("NLRB") held, in a case involving Amazon, that mandatory meetings concerning unionization generally violate the National Labor Relations Act ("NLRA").
Supreme Court’s Trump v. Slaughter Decision Reshapes the Administrative State – What it Means for the NLRB, EEOC, and Beyond
For nearly a century, independent federal agencies have operated with a degree of insulation from presidential control. That changed dramatically on June 29, 2026. In Trump v. Slaughter, the U.S. Supreme Court overruled Humphrey's Executor v. United States (1935), holding that Congress generally cannot shield leaders of executive agencies from presidential removal through "for-cause" protections.
FLCA Advancing in Congress and NLRB Nomination Moving Forward | JD Supra
A couple of developments coming out of Washington, D.C. over the past few weeks (unrelated to the Reflecting Pool) that deserve every employers' attention. Faster Labor Contracts Act On June 9, 2026, the House of Representatives passed the Faster Labor Contracts Act (H.R. 5408) ("FLCA") by a vote of 230-193. The bill received support from every Democratic Representative and twenty Republican Representatives.
[Webinar] The NLRB in Flux - What California Union and Non-Union Employers Need to Know Now
With the possible exception of ICE and the Department of Homeland Security, no federal agency has generated more significant developments for California employers over the past year than the National Labor Relations Board. Join Mark S.
NLRB Shifts Focus to Efficient Case Handling – What California Employers Should Know | JD Supra
Last Friday, the National Labor Relations Board (NLRB) General Counsel Crystal Carey issued her second directive memorandum since taking office in January. In Memo GC 26-03, Carey emphasizes efficiency, restraint, and practical resolution over aggressive expansion of liability.
New Case to Test Whether California Charter Schools Are Subject to PERB or NLRB Jurisdiction? | JD Supra
An interesting labor law jurisdictional issue is brewing here in Sacramento. On January 10, teachers and other employees at the St. HOPE Public Charter Schools submitted an RD Petition with Region 20 of the National Labor Relations Board (NLRB) to decertify and to no longer be represented by the Sacramento City Teachers Association (SCTA) union, an affiliate of the California Teachers Association (CTA) and the National Education Association (NEA).
District Court Rules That California’s Law Authorizing PERB to Govern Private Sector Labor Relations is Preempted | JD Supra
AB 288, enacted by the California Legislature in September (which CDF reported on in September and October of this year), mirrors a similar New York law and authorizes California’s Public Employment Relations Board (PERB) to enforce provisions of the National Labor Relations Act (NLRA) in the private sector when the National Labor Relations Board (NLRB) declines or is unable to act.
NLRB On Way to Quorum? | JD Supra
For most of the Trump 2.0, the NLRB has been paralyzed from deciding cases due to the lack of a quorum. The Board is not able to issue decisions unless three of its five Board positions are filled. For the last few months, there has been only one NLRB Board member: Democrat David Prouty. It looks like this may finally change in the coming weeks/months.
Senate Introduces Sweeping Labor Law Reform | JD Supra
Earlier this week, Senator Bill Cassidy (R-L.A.), chair of the Senate Health, Education, Labor, and Pensions Committee, unveiled a transformative set of bills that, if passed, would substantially modify the National Labor Relations Act, help stabilize federal labor law from administration to administration, and make union organizing more challenging for the union side. The proposed legislation includes six separate, but related, bills.
Recent Court Decisions Limit NLRB’s Authority to Award Expanded Remedies | JD Supra
Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of the National Labor Relations Act (NLRA) were typically entitled to only two types of remedies: (1) reinstatement, and (2) back pay. That framework shifted in 2022, when the Board decided Thryv, Inc., 372 NLRB No. 22 (2022).
Recent Court Decisions Limit NLRB’s Authority to Award Expanded Remedies
Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of the National Labor Relations Act (NLRA) were typically entitled to only two types of remedies: (1) reinstatement, and (2) back pay. That framework shifted in 2022, when the Board decided Thryv, Inc., 372 NLRB No. 22 (2022).
New California Law Allows for Unionization of Certain Gig Independent Contractors | JD Supra
Earlier this month, on October 3, 2025, California Governor Newson signed AB 1340, enacting the Transportation Network Company (TNC) Drivers Labor Relations Act (the Act). Effective January 1, 2026, this statute grants certain gig drivers in California the right to unionize, bargain collectively and engage in concerted activities, without being classified as employees.
Update: Governor Newsom Signs AB 288 Into Law Allowing State Agency to Step Into NLRB’s Role | JD Supra
Earlier this week, on September 30, 2025, Governor Gavin Newsom signed Assembly Bill 288 (AB 288) into law. AB 288, which becomes effective on January 1, 2026, authorizes California’s Public Employment Relations Board (PERB) to enforce provisions of the National Labor Relations Act (NLRA) in the private sector when the National Labor Relations Board (NLRB) declines or is unable to act. This comes at a pivotal time.
California is Enjoined from Prohibiting Captive Audience Meetings | JD Supra
Last year, Governor Newsom signed SB 399, which effective January 1 of this year, prohibited private and public employers in California from subjecting, or threatening to subject, an employee “to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is...
NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions | JD Supra
The National Labor Relations Board (NLRB) has not previously addressed whether the surreptitious recording of collective bargaining sessions is a standalone violation of the National Labor Relations Act (NLRA). However, with the technological advancements and prevalence of personal recording devices on phone, computers, and the increased use of AI recording and summarization of meetings, William B. Cowen, the Acting NLRB General Counsel recognized that this issue needs to be addressed.
California Minimum Wage Look to Rise to $16.90 in 2026 | JD Supra
Section 1182.12 requires the California Department of Finance to calculate the appropriate state minimum wage adjustment annually based on cost of living changes.
Trump Finally Appoints New NLRB Members | JD Supra
Last week, President Donald Trump appointed two new National Labor Relations Board (NLRB) members. These nominees are: Scott Mayer, who currently serves as the Chief Labor Counsel for Boeing. James Murphy, a career NLRB lawyer, who has spent many years as counsel to a variety of Republican NLRB members. Each nominee must still be confirmed by the United States Senate.
[Webinar] NLRB Happenings & Republican Sponsored Pro-Union Legislation - July 24th, 10:00 am PT | JD Supra
Join CDF Partners Mark S. Spring and Tashayla Billington for a focused webinar on key NLRB developments since January, including the impact to employers from past and future Board Member composition changes, NLRB General Counsel appointments, new NLRB GC Memorandum from the Acting NLRB GC, and NLRB budget constraints.
The Faster Contract Act: A Republican-Proposed Landmark Shift in Labor Negotiations | JD Supra
Senate Bill 844, also known as The Faster Labor Contracts Act was introduced in March 2025. As labor relations matters continue to stagnate before the quorum-less National Labor Relations Board (“NLRB”), this new bill is starting to gain attention for its potential to (1) turn labor contract negotiation rules on their head in the United States and (2) substantially improve the bargaining position of unions.
DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements | JD Supra
Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in class and PAGA cases, given the fact that state law wage and hour requirements are much more onerous than the federal wage and hour requirements. However, occasionally DOL will conduct audits and investigations of California employers in response to employee complaints.
[Webinar] The Future of DEI for California Employers in a Shifting Legal Landscape - April 30th, 10:00 am - 11:00 am PT | JD Supra
Join a panel of CDF attorneys for an insightful webinar addressing the current state of Diversity, Equity, and Inclusion (DEI) initiatives for California employers in light of recent federal developments.
Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More | JD Supra
NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt.
As of This Morning, Wilcox Is Back and the NLRB Has a Quorum Again – At Least for Now | JD Supra
NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) moves back and forth faster than a table tennis ball at an Olympic match. On January 7, President Trump fired Wilcox from the NLRB, claiming he did not need to show neglect of duty or malfeasance in office to remove her, despite the language of the National Labor Relations Act indicating such.
NLRB Again Without a Quorum | JD Supra
Approximately three weeks ago, we reported that Judge Berly A. Howell, granted fired NLRB Board Member Gwynne A.Wilcox’s motion for summary judgment and reinstated her as a Board member. This decision restored the NLRB’s three member quorum and allowed it to again begin ruling on cases, and issuing injunctions and decision. Last Friday, a divided United States Court of Appeals for the DC Circuit, granted the federal government’s request for a stay of Judge Howell’s reinstatement order.
President Trump Nominates New NLRB General Counsel | JD Supra
According to the March 24 Congressional Record, President Trump nominated Morgan Lewis labor law attorney Crystal Carey as the new National Labor Relations Board General Counsel. Ms. Carey has been practicing for approximately fifteen and a half years. She spent time as an attorney with the Board from November 2009 through 2018, before joining Morgan Lewis. She previously practiced in Morgan Lewis’ Philadelphia office and moved to the New York office in 2022.
EEOC Defines Unlawful DEI | JD Supra
Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work. While the term “illegal DEI” has been discussed at length over the last two months, including in various Executive Orders, this is the first time that an attempt has been made by the Trump administration to define it and publish a definition.
Insight from the New NLRB General Counsel | JD Supra
Last week, I attended the American Bar Association’s Mid-Winter Meeting for the Committee on Development Under the Law of the NLRA in Clearwater, Florida. William Cowen, the new National Labor Relations Board (NLRB) General Counsel, was one of the featured speakers. Of course, he could not say too much, but GC Cowen did speak for over an hour.
Attorney General Issues Memo Stating that Illegal DEI and DEIA Programs in Private Sector Will Be Prosecuted | JD Supra
The day after her nomination was confirmed last week, Attorney General Pam Bondi issued a memorandum to all Department of Justice employees on Wednesday, February 5th, stating that the USDOJ’s Civil Rights Division will begin investigating, prosecuting and penalizing illegal DEI and DEIA preferences, mandates, policies, programs and activities in the private sector (as well as in educational institutions that receive federal funds) that are based on race or gender.
NLRB has New Trump Appointed General Counsel | JD Supra
Yesterday, President Donald J. Trump appointed William B. Cowen as Acting General Counsel of the National Labor Relations Board. Mr. Cowen began his career at the Board in 1979 after graduating law school. He served in various capacities throughout the Agency at both Headquarters and in the field, until he left to enter private practice in 1985. In private practice, he was an attorney and principal of Institutional Labor Advisors, LLC which he founded in 1997.
Trump Fires NLRB General Counsel and One Board Member | JD Supra
When former President Joe Biden took office in January 2021, he terminated the General Counsel of the NLRB, Peter Robb, on Inauguration Day. That termination was challenged by the business community. Multiple lawsuits, including the Ninth Circuit decision in Aakash Inc., DBA Park Central Care and Rehabilitation Center v. NLRB held that the termination was constitutional. As a result, many thought Trump would have the same fate in store for Robb’s replacement, Jennifer Abruzzo, on January 20.
[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am PT | JD Supra
January 22, 2025 January 29th, 10:00 am - 11:00 am PT Mark Spring, Alessandra Whipple, Todd Wulffson CDF Labor Law LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: January 29th, 2025 10:00 AM - 11:00 AM PT With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical.
Efforts to Turn NCAA Student-Athletes Into Employees Takes A Major Step Backwards | JD Supra
In September 2023, the Service Employees International Union filed a Petition to represent the players on the Dartmouth College “Men’s Basketball Team.” In March 2024, an election was held. Dartmouth College’s mens’ basketball team voted 13-2 to be represented by the Service Employees International Union (SEIU) Local 560 with respect to the terms and conditions of their alleged employment.
NLRB’s New Ruling Bans Captive-Audience Meetings | JD Supra
Earlier this week, on November 13, 2024, the National Labor Relations Board (NLRB) issued its decision in Amazon.com Services LLC, ruling that employers violate the National Labor Relations Act (NLRA) by requiring employees to attend “captive-audience meetings” under threat of discipline or discharge.
California Employers: Are You Ready for the New Laws of 2025? | JD Supra
The California legislature is never dormant when it comes to enacting new laws for California employers. This year, the statutes are less numerous than most other years, but there are still some important new changes that all California employers should be aware of. Below is a summary of the key changes.
[Webinar] New California Employment Laws and Developments for 2025 - November 20th, 10:00 am - 11:00 am PT | JD Supra
Join us for a comprehensive, complimentary webinar on November 20, 2024, from 10:00 - 11:00 a.m. (Pacific), presented by CDF Partners Mark S. Spring and Nicole Legrottaglie Wohl. This “Year in Review” session will cover the most significant new employment-related laws and legislation California employers must understand for 2025.
Captive Audience Meetings Now Banned By State Law in California | JD Supra
Last Friday, Governor Newsom signed SB 399 – The California Worker Freedom from Employer Intimidation Act into law.
Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees | JD Supra
The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a decision finding that the male varsity basketball players at the Ivy League’s Dartmouth College were employees of the school, despite not being offered athletic scholarships.
How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
By Mark Spring (August 19, 2024, 4:30 PM EDT) -- Recently, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber Technologies Inc., DoorDash Inc. and Lyft Inc. to legally classify their drivers as independent contractors, rather than employees.... Law360 is on it, so you are, too.
How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
By Mark Spring · August 19, 2024, 4:30 PM EDT Recently, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber Technologies Inc., DoorDash Inc. and... To view the full article, register now.
NLRB and Union Relations Beyond 2024 – What Will the Election Bring? | JD Supra
As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that substantially reflects the views of the administration it supports. For example, when a Republican is in office, the NLRB’s policies and decisions are much more employer-supportive and are largely inconsistent with the union movement.
California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies | JD Supra
Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally classify their drivers as independent contractors, rather than employees. While this decision provides significant clarity for these companies and others in the gig industry, it does not mark the end of their regulatory battles in California.
NLRB Reinstates Weapons for Unions in Attempting to Organize Non-Union Workplaces | JD Supra
Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020. First, the new Final Rule returns to the Board’s pre-2020 practice to allow blocking charges by a union before an election is held.
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