News & Analysis as of

The National Labor Relations Act Hiring & Firing NLRB General Counsel

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Spilman Thomas & Battle, PLLC

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

BakerHostetler

NLRB General Counsel Gets Salty: Directs Regions to Take a Closer Look at Whether an Applicant for Employment in a ‘Salting’ Case...

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On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more

CDF Labor Law LLP

New NLRB Salting Guidance: What California Employers Need to Know

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July 25, 2025 – Memorandum GC 25-08 - The NLRB’s Acting General Counsel (GC), William Cowen, has issued new marching orders for how the agency will investigate “salting” cases – when union organizers apply for jobs with...more

Littler

Acting NLRB General Counsel Issues Guidance for Salting Cases

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On July 24, National Labor Relations Board Acting General Counsel (AGC) William B. Cowen issued Memorandum GC 25-08 (the “Salting Memo”), which provides case processing guidance to the Regions for investigating...more

Eversheds Sutherland (US) LLP

NLRB Acting General Counsel issues memorandum on union salting

On July 24, 2025, Acting General Counsel William B. Cowen of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, offering updated guidance to regional offices evaluating cases involving “salting”—a union...more

Fisher Phillips

Snapshot on the Manufacturing Industry: New Administration Rolls Back Biden-Era Labor Law Policy

Fisher Phillips on

Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Bowditch & Dewey

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Fisher Phillips

Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to...

Fisher Phillips on

The Acting General Counsel of the National Labor Relations Board just signaled a new policy direction for labor law under the Trump administration by rescinding more than a dozen policies endorsed by previous leadership....more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 3 of Trump 2: The Empire Strikes Back

Resistance is building. In his third week in office, President Trump is beginning to meet with resistance to some of his initiatives. Here is the latest. Court blocks voluntary separation program -- at least, until Monday....more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 2 of Trump 2: Can he do that?

I've been asking this a lot lately. President Trump’s first week of his second term in office was action-packed, as I posted last week. If you thought things would slow down for Week 2, you were mistaken. You may remember...more

Amundsen Davis LLC

NLRB Shakeup: Trump Removes Two NLRB Officials

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President Trump has ousted National Labor Relations Board (NLRB)Labor Law General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago....more

Cozen O'Connor

Employment Law Now VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements

Cozen O'Connor on

NLRB General Counsel Jennifer Abruzzo joins Michael Schmidt today to discuss her latest memorandum finding that "stay or pay" provisions in employee agreements constitute illegal noncompetes under the National Labor Relations...more

Fisher Phillips

Snapshot on the Staffing Industry: NLRB GC’s Crackdown On “Stay-or-Pay” Provisions and Non-Competes Demands Your Attention

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Welcome to this edition of the FP Snapshot on the Staffing Industry. In this edition, we will take a look at the NLRB General Counsel’s October 7 memorandum attacking “stay or pay” provisions and non-compete agreements and...more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Husch Blackwell LLP

Understanding the NLRB General Counsel’s Memo on “Stay-or-Pay” Provisions: What Employers Need to Do by December 6

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On October 7, 2024, the Office of the General Counsel issued a new memorandum, GC 25-01, expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay”...more

Fisher Phillips

NLRB Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

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The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Epstein Becker & Green

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Epstein Becker & Green

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Nelson Mullins Riley & Scarborough LLP

Non-Competes Under Fire from NLRB General Counsel

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the “Memorandum”) outlining her position that the “proffer, maintenance, and enforcement” of non-competition provisions in employment...more

Seyfarth Shaw LLP

Did the NLRB Preempt Non-Compete Litigation?

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Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain...more

Carlton Fields

NLRB Ratchets Up Campaign Against Noncompete Agreements

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On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more

Fisher Phillips

Manufacturing Employers Should Pay Attention to Severance Agreement Restrictions Despite Booming Times

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The recent pendulum-swinging NLRB decision that invalidated confidentiality and non-disparagement provisions in severance agreements will have far-reaching effects on employers that utilize them during layoffs or other...more

FordHarrison

[Webinar] NLRB's Recent Attack on Separation Agreements – What Are Employers to Do? - April 4th, 2:00 pm - 3:00 pm ET

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On March 22, 2023, the General Counsel of the National Labor Relations Board issued an Advice Memo regarding Separation/Severance/Settlement Agreements in light of the Board’s decision in McLaren Macomb, which was issued on...more

Miller Nash LLP

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

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On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

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