Posts tagged Scott Mayer
Commentary: Mayer’s Concurrence Says What Every American Worker Already Knows
May 8, 2026 // The numbers tell the story. Workers in the original Rieth-Riley case filed their petitions in 2020. Those petitions remain dismissed to this day. Smith's petition has been in limbo for over two and a half years, with no hearing date in sight on the underlying case. As Mayer put it, "the open-ended dismissals approved in Rieth-Riley have deprived employees in case after case of any opportunity to vote in a Board-conducted election for years."
NLRB Refrain From Overturning Biden-Era Precedent – For Now
February 8, 2026 // Given a Circuit split in reviews of Board cases on the issue and the Board’s departure from longstanding precedent when it decided Thryv, many practitioners considered itto be ripe for reconsideration by the newly instated Republican-majority Board. In a footnote, however, new Members Mayer and Murphy declined to express any opinion on the expanded remedies created by Thryv. Rather, they explained that the Board will continue to apply existing precedent “in the absence of a three-member majority to overrule it.” Members Mayer and Murphy’s decision to respect this tradition signals that federal labor law – including the union-friendly Biden-era decisions – will likely remain status quo for the foreseeable future.
VIDEO: CPAW Launches New Ad Spotlighting a Pro-Worker Course Correction at the NLRB Under the Trump Administration
January 13, 2026 // “New Day” draws a clear contrast between the Biden administration’s politicized NLRB that empowered union leadership’s political agendas and President Trump's pro‑worker approach that puts employees back at the center of labor policy. The message is straightforward: it’s a new day for American workers, with an NLRB focused on fairness and freedom in the workplace.
US Senate confirms Trump nominees for labor board paralyzed after member’s firing
December 19, 2025 // Trump's appointees to the board are expected to undo a series of decisions issued by Wilcox and other appointees of Democratic former President Joe Biden that have been criticized by business groups and Republican lawmakers. Under a decades-old policy, the board typically does not overturn its existing precedent unless three members vote to do so. Trump has not yet named a nominee that would give the board a third Republican member, but Mayer and Murphy in the meantime could issue decisions narrowing the reach of Biden-era decisions. That includes a 2023 ruling that allows unions to represent workers in some instances even after losing an election, a ban on the common employer practice of holding mandatory meetings to discourage unionizing and an expansion of monetary remedies available to workers who are fired for supporting unions or other protected conduct.
U.S. Senate Vote Next Week Set to Restore NLRB Quorum
December 9, 2025 // For the first time in 11 months, the National Labor Relations Board will likely have a quorum by year end, enabling it to start issuing decisions. Board member nominee Scott Mayer, a chief corporate labor counsel, was a last-minute addition to the U.S. Senate nominee package that will be voted on next week. The nominee package already included Board nominee James Murphy and General Counsel nominee Crystal Carey. If the Senate confirms all three nominees, Carey’s term will last four years, with Mayer and Murphy’s terms expiring December 16, 2029, and December 16, 2027, respectively
Court rejects New York bid to take over federal labor enforcement
December 2, 2025 // Unions have been pushing labor-friendly states to pass laws allowing state officials to take over workplace enforcement matters when the NLRB cannot respond in a timely manner. New York and California have been leading in this effort, passing laws to that effect in September. The laws give unions a potentially major legal advantage over businesses in workplace disputes, including contested union elections. The laws would only come into play if the NLRB itself is inactive, but that’s been an increasingly common phenomenon in recent years. The NLRB’s five-member board is currently down to just one member due to a combination of members’ terms expiring, some firings by the Trump administration, and slow Senate confirmations.
Trump’s NLRB Nominees Get Grilled While Board Faces Uncertain Future
October 3, 2025 // If confirmed by the whole Senate, Mayer and Murphy will join the NLRB’s only member, Democratic appointee David A. Prouty, returning the usually five-person board to a three-person quorum with two GOP members and one Democratic one. Historically, the political affiliation of the board members breaks along a 3-2 split, with the majority coming from the president’s political party. With a quorum, the board should be able to return to its work of helping settle labor disputes as outlined under the National Labor Relations Act.
New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights
July 31, 2025 // The SCORE bill’s ban is broad. Its key provision says, in part: “no individual may be considered an employee of an institution, a conference, or an interstate intercollegiate athletic association based on the participation of such individual on a varsity sports team or in an intercollegiate athletic competition as a student athlete.” In addition, the bill blocks states from enforcing any law that “governs or regulates the compensation, payment, benefits, employment status, or eligibility of a student athlete (including a prospective student athlete) with respect to participation in intercollegiate athletics.” It specifically blocks any state law that “relates to the right of a student athlete to receive compensation or other payments or benefits directly or indirectly from any institution, associated entity or individual, conference, or interstate intercollegiate athletic association.”
NLRB Member: Scott Mayer
July 23, 2025 // Scott Mayer was nominated to the National Labor Relations Board on July 17, 2025, to fill a Republican seat with a term expiring on December 16, 2029. He currently serves Chief Labor Counsel at Boeing Co. and has previously held senior legal positions at InterContinental Hotels Group, MGM Resorts International,…