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In an unusual development, the US labor board recently put a halt on two cases involving Apple. This decision came just days after Donald Trump put forward an attorney from a firm defending the tech giant to lead the agency as its top legal official.
Last year, the National Labor Relations Board (NLRB) accused Apple of undermining employee organization efforts in multiple complaints. However, these two particular cases were unexpectedly suspended late last week, as shared in documents reviewed by the Financial Times.
The nomination of Crystal Carey, a partner at Morgan Lewis & Bockius who has been defending Apple in these cases, marks a significant move by Trump. Though the NLRB and Apple have remained publicly silent, Carey is still with Morgan Lewis until the US Senate confirms her appointment, and the firm has chosen not to comment. The White House, too, has not provided any remarks on the matter.
Morgan Lewis, known for its expertise in representing management during labor disputes, also counts SpaceX and Amazon among its high-profile clients. With Carey’s nomination, concerns are rising about Trump’s influence on independent federal agencies, raising fears about potential erosion of democratic institutions.
This adds to the ongoing controversy after Trump dismissed Democratic NLRB member Gwynne Wilcox and the agency’s general counsel, Jennifer Abruzzo, earlier this year. Wilcox has since contested the legality of her removal.
The NLRB plays a critical role in resolving labor disputes in the US. When a complaint is filed against a company, the agency decides if charges should be brought forward, which are then addressed by administrative law judges. Regional NLRB offices can withdraw cases either before or after they proceed to hearings.
Noteworthy figures from the 2021 ‘AppleToo’ movement, Janneke Parrish and Cher Scarlett, have been central to these issues, raising concerns about wage discrimination and harassment at Apple. They turned to the NLRB after leaving the company, alleging that they were dismissed due to their organizing activities.
Backing their side, the agency filed complaints against Apple in 2024, accusing the company of breaching federal labor regulations by stifling pay equity discussions and pressuring Scarlett to exit the company.
Apple refuted these accusations, asserting its commitment to upholding employees’ rights regarding wage, hour, and working condition discussions, which is regularly emphasized in its annual employee training sessions.
In response to the AppleToo movement, Apple took steps like eliminating clauses that prevented employees from speaking about workplace harassment in 2022.
Originally, hearings for Parrish’s and Scarlett’s cases were set for April and June, respectively. However, the NLRB informed them last week of an indefinite postponement, pending a legal review.
These cases, initiated by the NLRB’s Oakland, California office, will be reconsidered by the agency’s ‘division of advice’, which evaluates the potential complexities of legal implications.
Meanwhile, Ashley Gjøvik, another former Apple employee with a complaint against the company, anticipates her hearing to proceed in August as scheduled.
Feeling uncertain about her case’s outcome, Parrish expressed doubts regarding the fairness of the proceedings, given Carey’s earlier involvement. “I fear for workers’ rights and the impartiality of this administration,” she shared.
Reported by Stefania Palma in Washington.
