February 19, 2026
A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.
December 11, 2024
The National Labor Relations Board urged the Fifth Circuit to uphold an NLRB ruling finding Trader Joe's violated federal labor law by firing a worker who raised COVID-19 concerns, pushing back on the company's claim that the board overstepped its authority with the remedies it issued.
October 09, 2024
The National Labor Relations Board exceeded its powers under federal labor law when ordering Trader Joe's to pay a fired employee in Houston for "pecuniary harms," the grocery chain argued, telling the Fifth Circuit to reject the board's remedy and conclusions that the worker who raised complaints was illegally terminated.