The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General Counsel William B. Cowen rescinded more than a dozen guidance memoranda that many employers considered to be significantly favorable to unions. … Continue Reading
Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day.
New NLRB Acting General Counsel
On February 3, 2025, President Donald Trump appointed William B. Cowen as Acting General Counsel of the NLRB. This comes on the heels of the President firing former NLRB General Counsel Jennifer Abruzzo, Board Member Gwynne Wilcox, and Acting General Counsel Jessica Rutter.… Continue Reading
One week after his inauguration, President Donald Trump has taken additional moves to impact the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL).
Trump Moves Quickly to Reshape the NLRB
As we expected, and reported here, President Trump has moved quickly to re-make the NLRB. Almost immediately after taking office, the President named Republican board member Marvin Kaplan as Chair of the NLRB. … Continue Reading
In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly disclaim bringing individual PAGA claims, and instead, assert “representative-only” PAGA claims. The distinction is significant, because if there is no individual PAGA claim, there is nothing to arbitrate, and the parties may proceed to litigating the representative PAGA claim in court.… Continue Reading
On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance Environmental, found here, overturns a Trump-era rule established in 2019 and returns to the “clear and unmistakable” waiver standard which had been in place for decades.… Continue Reading
Reversing decades of precedent, the National Labor Relations Board (“Board”) issued two recent decisions that will significantly restrict the right of employers to provide information to their employees about the impact of unionization. Both cases were decided by a 3-1 majority of the Board’s Democratic members, in what appears to be an eleventh-hour push to change well-settled law in advance of the Trump administration taking the reins next year.… Continue Reading
November 13, 2024 | 8:00 AM – 12:00 PM
Please join us for an in-depth half day program focused on core issues and developments in labor and employment law with the greatest impact on Utah employers. Our panelists are Ballard Spahr’s Jason Boren, Charles Frohman, and Nima Darouian. Topics to be announced.… Continue Reading
In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ended the agency’s practice of approving “consent orders,” which permitted an administrative law judge to resolve an unfair labor practice case before adjudication based on terms offered solely by the respondent. The Board’s decision will make it more difficult for employers to settle cases at the NLRB unless they are willing to accept the full remedy sought by the general counsel. … Continue Reading
In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule.
In April of 2020, the Board published a final rule addressing various union representation issues: (1) union elections while unfair labor practice (“ULP”) charges are pending, (2) voluntary recognition procedures, and (3) Section 9(a) recognition in the construction industry.… Continue Reading
A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor Relations Board (“NLRB”) to obtain an injunction under Section 10(j) of the National Labor Relations Act (“NLRA”) against an employer during the pendency of NLRB administrative proceedings and raises the bar that must be satisfied by the NLRB for such injunctive relief
The decision in in Starbucks Corp.… Continue Reading