News & Analysis as of

The National Labor Relations Act Regulatory Reform

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 -
Husch Blackwell LLP

The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II

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Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National...more

Vorys, Sater, Seymour and Pease LLP

Acting General Counsel Cowen Issues Memorandum Altering Guidance on Settlement Agreements

On May 16, 2025, Acting General Counsel (GC) William B. Cowen issued a memorandum addressing settlement agreements under the NLRA in a manner expected to remove material hurdles to negotiated resolutions. Acting GC Cowen’s...more

Bradley Arant Boult Cummings LLP

The NLRB’s 2025 U-Turn: Stay Buckled

As many of you no doubt read in our Bradley Labor and Employment Practice Group publications and many other sources, the Biden presidency was probably the most pro-union administration in history, and the actions of the...more

Vorys, Sater, Seymour and Pease LLP

NLRB Signals New Direction: Acting GC Revokes Key Predecessor Memos

On February 14, 2025, the National Labor Relations Board’s (NLRB) Acting General Counsel (GC) William B. Cowen circulated a GC memorandum to all NLRB field offices, revoking certain GC memoranda issued by former General...more

McAfee & Taft

Change on the horizon: The NLRB’s continued shift toward more employer-friendly policies

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Under the Biden administration, the National Labor Relations Board was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act. Within a week of being sworn in,...more

Vorys, Sater, Seymour and Pease LLP

Trump Names Crystal Carey as NLRB General Counsel Nominee

President Trump has named a nominee for the NLRB General Counsel position: Crystal Carey, a management-side labor relations partner at the New York office of law firm Morgan Lewis & Bockius LLP. Carey’s nomination is an...more

Proskauer - Labor Relations Update

Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright

On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...more

DLA Piper

NLRB Acting General Counsel Rescinds Dozens of Predecessor’s Directives, Signals New Agency Priorities

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The National Labor Relations Board (NLRB) Acting General Counsel (GC) William Cowen issued GC Memo 25-05 to agency personnel in all field offices on February 14, 2025, seeking to refine the allocation of NLRB resources by...more

Poyner Spruill LLP

Acting General Counsel for NLRB Signals Change in Employment Policies Under Trump Administration

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On February 14, 2025, William B. Cowen, who is the Acting General Counsel for the National Labor Relations Board (“NLRB” or “Board”) released a memo, which rescinded prior memos issued by Jennifer Abruzzo, who served in the...more

McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

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The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

Conn Maciel Carey LLP

Key NLRB Changes Under the New Administration: What Employers Need to Know

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Last month, during our webinar, we predicted significant regulatory shifts under the new presidential administration. Now, just a little over 30 days in, we are witnessing these changes unfold – especially at the National...more

Constangy, Brooks, Smith & Prophete, LLP

A Valentine for some NLRB watchers: Former General Counsel memoranda rescinded

On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more

Cozen O'Connor

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

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For the second time in four years, a U.S. president has quickly dismissed the general counsel of the National Labor Relations Board (NLRB), and replaced them with a new acting general counsel, who then immediately issued a...more

Payne & Fears

The NLRB Rescinds Certain General Counsel Memoranda

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On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more

FordHarrison

Acting NLRB General Counsel Rescinds Controversial Biden-Era Memoranda, Signaling Shift at NLRB

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On February 14, 2025, National Labor Relations Board Acting General Counsel (“GC”) William Cowen issued Memorandum 25-05, which rescinded dozens of policy memos issued by his predecessor, Jennifer Abruzzo, during the Biden...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Acting General Counsel Rescinds Non-compete Labor Policy

In a significant development for employers that use restrictive covenant agreements, on February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel (GC) William B. Cowen rescinded prior NLRB GC memoranda,...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

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

McDermott Will & Schulte

Labor Law Update: Union Certification Without Winning the Employee Vote

As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

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The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Foley & Lardner LLP

NLRB Issues Final Rule on Joint-Employer Status

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On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

ArentFox Schiff

How Low Can You Go? Labor Board’s Final Joint Employer Rule Sets Exceedingly Low Bar for Assessing Joint Employer Liability

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It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more

Bass, Berry & Sims PLC

NLRB Issues New Rule Broadening Joint-Employer Status

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The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, which is set to go into effect on...more

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