Appeals Court Admonition of NLRB Highlights Risks to Employers

Abstract

In the recent case of Stern Produce Co. v. NLRB, Case No. 23‐1100 (2024), the U.S. Court of Appeals for the District of Columbia has highlighted just how far the National Labor Relations Board (NLRB) will go to reach certain conclusions and has underscored the ongoing risks to employers that appear before the agency.