Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 APRIL 2026

NLRB Pushes Forward With Cemex—Despite Sixth Circuit Setback

Dinsmore & Shohl LLP
Explore more from Dinsmore & Shohl LLP

The National Labor Relations Board continues to defend its controversial Cemex framework for issuing bargaining orders, even after the Sixth Circuit Court of Appeals rejected it in March 2026. With the Ninth Circuit now reviewing the same issue and the Board refusing to back down, employers face an uncertain legal landscape that could ultimately require Supreme Court intervention to resolve.

United StatesEmployment and HR
Ashley Pack
Ashley Pack
Jeremy Smith
Jeremy Smith

In March 2026, the Sixth Circuit Court of Appeals dealt a significant blow to the National Labor Relations Board’s Cemex framework for issuing bargaining orders. Originally adopted in 2023, Cemex dramatically expanded the Board’s power by discarding more than 50 years of Supreme Court precedent. The Sixth Circuit rejected that move, ruling that the Board overstepped its authority by effectively creating new rules through case decisions rather than formal rulemaking.

Despite that rejection, the Board is pressing on. Less than a month later, the Board told the Ninth Circuit—where Cemex itself is still under review—that the Sixth Circuit got it wrong. We now know that until courts definitively shut it down, the Board intends to keep applying Cemex.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

IRS Issues New Revenue Procedure

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?
United StatesEmployment and HR
Winston Taylor
Winston Taylor
Article

Treasury Issues Temporary Regulations On Trump Accounts And Contributions

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.
United StatesEmployment and HR
Fennemore Craig, P.C.
Fennemore Craig, P.C.
Article

Allegheny County Council Passes Paid Parental Leave Policy

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.
United StatesEmployment and HR
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Countdown To Compliance: Employer Preparations For Nov. 2026 OSHA HazCom Deadlines

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Federal Court Strikes Down State Department’s 75-Country Immigrant Visa Ban: What Applicants Need To Know

A federal court has struck down the Department of State's policy suspending immigrant visa issuance for nationals of 75 countries, finding it violated the Immigration and Nationality Act by discriminating based on nationality. While the ruling restores individualized visa processing for affected applicants, separate travel restrictions remain in place, the government has appealed, and significant processing delays are expected as consulates work through accumulated backlogs.
United StatesImmigration
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP
Article

DHS Proposes $103,265 Additional Fee For H-1B Cap-Subject Petitions

The Department of Homeland Security has proposed a substantial new filing fee of $103,265 for H-1B cap-subject petitions, which would be imposed in addition to all existing fees and payment obligations. This proposed rule raises critical questions about legal authority, economic impact on employers, and whether the fee would apply to extensions, amendments, and change-of-employer petitions for workers already counted against the cap.
United StatesImmigration
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP
Article

SEC Charges Adit Ventures Management, Its CEO And Affiliated General Partners For Alleged Fraud

The SEC has filed a complaint against Eric Munson and Adit Ventures Management, alleging a multi-year scheme involving misrepresentation to investors, misappropriation of fund assets, and undisclosed conflicts of interest. The case involves over 60 funds with at least 1,000 investors, where the defendants allegedly induced investments through false promises, executed unauthorized loans between funds, and engaged in undisclosed self-dealing transactions while failing to properly register as an investment adv
United StatesFinance and Banking
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP
Article

CMS Proposes Mandatory Provider-Based Attestation Framework For Off-Campus Hospital Outpatient Departments

The Centers for Medicare & Medicaid Services has proposed a new framework requiring hospitals to submit mandatory provider-based attestations for off-campus outpatient departments, fundamentally changing how these facilities demonstrate compliance with Medicare requirements. With a January 1, 2028 implementation deadline, hospitals must navigate new National Provider Identifier requirements, centralized electronic submission systems, and detailed documentation processes that will significantly impact reimbu
United StatesFood, Drugs, Healthcare, Life Sciences
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP
Article

SEC Risk Alert Highlights Investment Adviser Annual Compliance Review Expectations

The SEC's Division of Examinations has issued a Risk Alert highlighting common deficiencies in how investment advisers conduct their mandatory annual compliance reviews under Rule 206(4)-7. The alert identifies critical gaps in review timing, documentation, and implementation that advisers should address to ensure regulatory compliance and operational effectiveness.
United StatesCorporate/Commercial Law
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP
Article

In Zafirov, 11th Circuit Upholds FCA Qui Tam Provisions Under Appointments Clause, But Other Challenges Remain

In a long-awaited decision, the Eleventh Circuit reversed the district court in Zafirov and found the False Claims Act’s qui tam provisions do not violate the Appointments Clause. However, the court remanded for consideration of the defendants’ other constitutional arguments, and other cases challenging the constitutionality of qui tam are pending before the Third and Fifth Circuits.
United StatesLitigation, Mediation & Arbitration
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP
Article

Ohio Supreme Court Reinforces Finality Of Binding Insurance Appraisals

The Supreme Court of Ohio has issued a landmark decision reinforcing the finality of binding insurance appraisal awards, establishing that courts will only set aside such awards in exceptional circumstances involving fraud or manifest mistake. The ruling clarifies the stringent pleading requirements parties must meet when attempting to challenge completed appraisals, particularly when alleging newly discovered property damage. This decision has significant implications for how property insurance disputes ar
United StatesInsurance
Dinsmore & Shohl LLP
Dinsmore & Shohl LLP