NLRB Updates
|
APPLIES TO All Employers |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
Quick Look
|
Discussion:
Since President Trump’s inauguration, there has been significant activity within various federal agencies, resulting in several changes to policy direction and enforcement priorities that are reshaping the regulatory landscape for employers across the country. Most recently, there were several changes within the National Labor Relations Board (NLRB) that employers should be aware of.
Rescission of Certain General Counsel Memoranda
On February 14, 2025, the Acting General Counsel of the NLRB, William Cowen, rescinded over a dozen memoranda established by his predecessor, including those addressing student-athletes’ rights, the use of non-compete agreements, mandatory work meetings, and the McLaren Macomb decision, which had prohibited certain restrictive agreements between employers and employees.
Cowen’s decision to rescind these policies reflects a move toward a more traditional, narrower view of labor law, potentially reducing some of the burdens on employers, especially in terms of noncompete agreements and the scope of mandatory work meetings. Cowen’s memo also rescinded several additional memos and indicated that new guidance on some topics, like immigrant worker rights and Section 10(j) injunctions, may be forthcoming.
Although General Counsel memos are not legally binding, they guide NLRB regional offices on enforcement priorities, and this recent change suggests a move away from more expansive interpretations of labor law under the Biden administration.
Reinstatement of Gwynne Wilcox to NLRB
On March 6, 2025, the U.S. District Court for the District of Columbia issued an order granting summary judgment in Wilcox v. Trump. The order declares that Gwynne Wilcox remains a full member of the NLRB and finds that she was unlawfully dismissed by President Donald Trump. Following her purported dismissal from NLRB, Wilcox filed a lawsuit against the Trump Administration. The court determined that President Trump did not have the authority to terminate members of the NLRB at will. It is expected that the decision will likely be challenged by counsel for the President, so employers should continue to monitor the situation.
Action Items
- Review restrictive covenants and other workplace policies for compliance.
- Continue to monitor legal developments and regulatory action from the NLRB.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase