Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—NLRB Regains Quorum, Trump Nominees Confirmed by Senate, (Jan 5, 2026)
Law Firms Mentioned:Sheppard Mullin Richter & Hampton
Organizations Mentioned:National Labor Relations Board
By Bianca Rodriguez, Keahn Morris, John S. Bolesta and James Hays of Sheppard Mullin Richter & Hampton
On December 18, 2025, the Senate confirmed President Trump’s three nominees to the National Labor Relations Board (“NLRB” or the “Board”). The confirmation restores quorum for the NLRB, which was lacking for nearly an entire year. Without a quorum, the Board was unable to perform the majority of its functions, including issuing decisions.
In January 2025, President Trump fired Democratic member Gwynne Wilcox (discussed in prior posts here, here, here, and here). In August 2025, Republican member Marvin Kaplan’s term expired, leaving the Board with only a single member, Democrat appointee David Prouty.
President Trump’s nominees include James Murphy, Chief Labor Counsel at Boeing Co. and Scott Mayer, NLRB attorney; each of whom were confirmed as Board Members. Crystal Carey, from private practice, will serve as the Board’s General Counsel (“GC”) replacing Acting GC William B. Cowen. With the confirmation of these nominees, the Board will now consist of two Republican-appointed members, Murphy and Mayer, and one Democrat-appointed member, Prouty. This restores the required three person quorum necessary for Board functions such as deciding election objections and unfair labor practice cases on exception from administrative law judges.
Given the Republican-appointed majority, many expect the Board will begin overturning Biden-era decisions and issuing employer-friendly rulings. Additionally, under GC Carey, it is expected that the Board puts forth an employer-friendly agenda, prioritizing topics important to employers. We will continue to monitor developments and provide updates as the Board begins to act.
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.
Bianca Rodriguez
Keahn Morris
John S. Bolesta
James Hays
Sheppard Mullin Richter & Hampton
350 South Grand Avenue, 40th Floor
Los Angeles, CA 90071 United States
E-mail: mbennett@sheppardmullin.com
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Attorneys: Bianca Rodriguez, Keahn Morris, John S. Bolesta and James Hays (Sheppard Mullin Richter & Hampton).
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