FOLLOW US

America December 3, 2025 3 mins read

Fifth Circuit Casts Doubt on NLRB’s Authority in NLRB Starbucks Subpoenas Clash

America ı By Rihem Akkouche

0 Comments

NLRB Starbucks Subpoenas

A Fifth Circuit panel signaled deep skepticism Tuesday toward the National Labor Relations Board’s push to brand Starbucks Corp. with a labor-law violation over what the agency says were sweeping, overreaching subpoenas aimed at pro-union employees—an approach one judge likened to a “liability trap.”

Judges Question Whether the Board Is Manufacturing Fault

U.S. Circuit Judge Stephen Higginson pressed the board’s stance, suggesting it defied common sense: Starbucks asks the government to issue a subpoena, and then the same government penalizes it for the very request it authorized. The NLRB claims Starbucks violated the National Labor Relations Act by issuing subpoenas seeking recordings of store management in La Quinta, California, along with workers’ communications.

“This feels like we’re transforming a simple discovery rule into a preset liability trap,” Judge Higginson said, underscoring his concern that the NLRB was stretching its enforcement powers.

An administrative law judge had dismissed every charge in the original labor dispute. But that didn’t stop the NLRB from circling back, launching a second attempt to prosecute Starbucks—this time based solely on the subpoenas themselves. Judge Higginson noted that the board had already succeeded in quashing the subpoenas in the underlying case.

NLRB Defends Rule Against Overbroad Subpoenas

Jared Odessky, arguing for the NLRB, maintained that without constraints on overly broad subpoenas, employers could pry into workers’ private lives without consequences. But the judges were unconvinced.

Higginson pointed out that the subpoenas, commanding workers to appear before the administrative judge, bore the NLRB’s own seal. Starbucks argued that it had relied on the agency’s process—only to be punished for using it.

“It’s hard to see how a board-issued subpoena becomes the employer’s wrongdoing,” Higginson said.

Odessky countered that while the subpoena came through the board’s machinery, Starbucks initiated it, and the action had “a chilling effect” on workers involved in the dispute.

Starbucks Says the Board Is Rewriting the Rules

Representing Starbucks, Amy Mason Saharia of Williams & Connolly LLP accused the NLRB of inventing a “per se test” that turns ordinary discovery friction into an automatic unfair labor practice. She told the panel that the board’s stance effectively weaponizes routine information-gathering.

Should the Court Draw New Boundaries?

U.S. Circuit Judge Leslie H. Southwick asked whether, if the court finds subpoenas can constitute unfair labor practices, the panel should spell out what factors would qualify. Saharia agreed that outlining those circumstances would help prevent future overreach.

The panel included U.S. Circuit Judges Leslie H. Southwick, Stephen A. Higginson and Dana M. Douglas.

Counsel and Representation

Starbucks Corp. is represented by Lisa Blatt, Amy Mason Saharia and Claire R. Cahill of Williams & Connolly LLP, and by Jeffrey S. Hiller and Jonathan O. Levine of Littler Mendelson PC.

The National Labor Relations Board is represented internally by Elizabeth A. Heaney, Jared H. Odessky, William B. Cowen, Stephanie Cahn, Peter Sung Ohr, Ruth E. Burdick and Meredith Jason.

Workers United, participating as an intervenor, is represented by Robert S. Giolito of the Law Office of Robert S. Giolito PC, along with Elizabeth Grdina, Michael P. Ellement and Charlotte Schwartz of James & Hoffman PC.

Previous Article

Fiat Chrysler Seeks Pause in EV Fire Suit as Arbitration Battle Takes Center Stage

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 21, 2026 Spartanburg Woman $8K Insurance Fraud Case Leads to Arrest By – Rachel Moore
America October 21, 2026 TDI Launches Insurance Fraud Task Force to Protect Texas Consumers By – Rachel Moore
America October 21, 2026 BioWare Closing: EA Shuts Down Legendary Studio as 400 Jobs Face Cuts By – Rachel Moore
America October 21, 2026 Musk and Trump Have a Starlink Problem They Can’t Spin Away By – Michallie Harrison
America October 21, 2026
Texas Trans Texts Spark Election Propaganda…

News Analysis | Texas voters began casting early ballots Monday,…

By – Michallie Harrison
America October 20, 2026
Auto-Owners Insurers Verdict: Jury Awards Warehouse…

A North Carolina federal jury has awarded nearly $2 million…

By – Tyler Brooks
America October 20, 2026
NJ $10M Car Insurance Fine: Geico…

New Jersey insurance regulators have accused Geico of overcharging motorists…

By – Tyler Brooks
America October 20, 2026
Ara Partners $2.5B Energy Fund Reaches…

Ara Partners has secured $2.5 billion in capital commitments for…

By – Tyler Brooks
America October 20, 2026
DXC Sell Insurance Software Division in…

DXC Technology is in advanced discussions to sell its insurance…

By – Tyler Brooks
America October 20, 2026
Burger King Hello Kitty Meal Arrives…

Few pairings feel as inevitable as a kids’ meal and…

By – Rachel Moore
America October 20, 2026
Kyle Kennedy Death at 42 Mourned…

Some people inherit a famous name. Fewer spend it on…

By – Rachel Moore
America October 20, 2026
Christina Applegate Misdiagnosed: Five Years Treating…

Most people would celebrate hearing they don’t have a chronic…

By – Rachel Moore
America October 20, 2026
Prudential’s $4B Brazil Mexico Sale Hands…

Big companies sometimes grow by letting go, the way a…

By – Rachel Moore
America October 20, 2026
CBRE ÂŁ760M Onnec Buy Targets Booming…

Real estate services giant CBRE Group Inc. has agreed to…

By – Rachel Moore
America October 20, 2026
California Ballots: DOJ Cites Charges Against…

WASHINGTON — The Justice Department is citing charges against 28…

By – Michallie Harrison
America October 20, 2026
Richard Riehle Dies at 78, Leaving…

Richard Riehle, the character actor whose memorable roles included “Office…

By – Michallie Harrison
America October 20, 2026
Extreme Heat Is Spreading and Lasting…

An extreme heat event lasting 367 days touched nearly 85%…

By – Michallie Harrison
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 19, 2026
Kohen Wiley Is Dead. Mississippi Owes…

Kohen Wiley was 1 year old when police gunfire killed…

By – Michallie Harrison
America October 19, 2026
AP Fact Check Examines Online Claims…

AP Fact Check reviews disputed claims, examines evidence and helps…

By – Jackie Allen
America October 19, 2026
Skywatchers: Meteor Season Brings Orionid and Taurid…

The Autumn Meteor Season is underway,. Skywatchers will have two…

By – Jackie Allen
America October 19, 2026
Patriot Missiles Delayed Despite Payment, Zelenskyy…

WASHINGTON — The United States is delaying deliveries of Patriot…

By – Michallie Harrison
America October 19, 2026
Trump’s Russia Policy: Cornyn Shares Investigation…

WASHINGTON — Republican Sen. John Cornyn has amplified a call…

By – Michallie Harrison
America October 19, 2026
Human Genome Project Legacy Advances Research…

The Human Genome Project transformed scientists’ understanding of human DNA.…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie Harrison
America October 18, 2026
Hunter’s Moon Illuminates October Skies

The Hunter’s Moon will light up the autumn sky in…

By – Jackie Allen
America October 18, 2026
Alleged Chinese Agent Has Ties to…

A Federal investigation into California realtor Wanying “Heather” Zhang reveals…

By – Jackie Allen
America October 18, 2026
Protests in Paris: Macron to Address…

PARIS, France — October 18, 2026 — Protests in Paris…

By – Jackie Allen
America October 16, 2026
HealthSplash VP 18 Months Sentencing Rewards…

Cooperation can shave years off a prison term, but it…

By – Tyler Brooks
America October 16, 2026
Daylight Saving Time Returns Nov. 1…

Americans will turn their clocks back one hour on Nov.…

By – Jackie Allen
America October 16, 2026
California Identifies New York Life, Aetna,…

Key Takeaways   California’s Department of Insurance maintains an official…

By – Samuel Lopez
America October 16, 2026
Three Children, Teacher Killed in Oregon…

BEND, Ore. — An Oregon school shooting killed three children…

By – Michallie Harrison
America October 15, 2026
Trump Scraps Hegseth’s Execution Livestream After…

WASHINGTON — President Donald Trump canceled the planned execution livestream…

By – Michallie Harrison
America October 13, 2026
Pope Leo XIV’s Surgery Exposes Gap…

By Samuel LĂłpez | USA Herald VATICAN CITY — As…

By – Samuel Lopez
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter