Advocacy News – Feb. 20, 2025
The new Acting General Counsel (GC) of the National Labor Relations Board (NLRB) set a new policy direction for labor law under the Trump administration by rescinding more than a dozen policies endorsed by the Biden administration, citing an unsustainable backlog of cases as the primary motivator.
Why it matters: GC William Cowen’s move suggests he plans to chart a different course for some of the most visible and controversial issues in labor law today. While GC memos are not binding law, they act to instruct and inform regional offices of the GC’s priorities in enforcing the National Labor Relations Act (NLRA).
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The February 14 GC Memorandum 25-05 rolled back multiple policies issued by the previous NLRB GC, including positions on the legality of noncompete (or noncompetition) agreements, severance agreements, stay-or-pay provisions, and more.
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The GC also signaled that he plans to publish new guidance to replace some of the rescinded memos, while abandoning some memos altogether.
Go deeper: Read this UPDATE from our friends at Butzel.