In a Venable webinar, labor law professionals examined the potential shakeup at the National Labor Relations Board (NLRB) under President Trump's second administration. Moderated by partner Michael Volpe, the session outlined major expected policy reversals and shifts in enforcement priorities. Beth Ann Lennon, a partner in Venable's Denver office, highlighted how the administration's focus on reshaping the NLRB's leadership could quickly impact labor policies, including the likely appointment of Republican-majority board members. "The current general counsel has been notably aggressive in making new law," Lennon said, indicating imminent changes under new leadership, such as a rollback of Biden-era initiatives.
Among the possible policy changes are those implemented by NLRB General Counsel Jennifer Abruzzo, who issued over 30 guidance memos targeting issues like non-compete agreements, joint employer standards, and expanded union access. Counsel Karel Mazanec detailed the expected rescission of these memos, emphasizing how they broadened the scope of protected employee activities and imposed new remedies, such as compensation for childcare and moving expenses. "The incoming administration is anticipated to adopt a more employer-friendly stance, scaling back remedies and enforcement," Mazanec explained. He also noted that Trump's NLRB might reintroduce lenient standards for independent contractor classification, impacting the rights of gig workers.
The webinar also touched on key court challenges and rule changes that could reshape union organizing. Counsel Allison Gotfried outlined the reversal of "quickie election" rules, which previously limited the time employers had to campaign against union efforts. Additionally, the panel explored the impact of the Cemex decision, which heightened employer obligations to recognize unions and expedited union elections. "This decision has upended 50 years of labor law precedent," said associate Taylor Bleistein, adding that it forces employers to quickly respond to union demands, often within two weeks. Panelists advised employers to assess their workforce for vulnerability to organizing efforts and to prepare for a surge in unionization campaigns. With significant policy shifts expected, the session underscored the need for employers to stay vigilant in navigating the evolving labor landscape.
To learn more about upcoming webinars or watch past recordings from our series, Transition Outlook: What to Expect from the Second Trump Administration, click here. The weekly webinar series runs through March 2025.