Compliance Stuff

  Earlier this month, the Acting General Counsel of the National Labor Relations Board ( NLRB ), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel ( GC ) memoranda are not the official legal position of the   NLRB , if adopted by the Board they could have far-reaching ramifications for covered employers. New GC typically  unwind the GC Memos  of their predecessor and, in this case, the action is consistent with the overall approach of the Trump Administration to roll back actions taken by Biden appointees. By rescinding GC memoranda, Cowen has signaled that he will no longer seek to enforce actions against employers based on violations of the policies expressed in the memoranda. The action may also mean that for parties with active matters before the NLRB relating to the rescinded memos, resolution may be faster and more employer-friendly. It is important to note that because President Trump removed GC Jennifer Abruzz...

  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14, 2025, National Labor Relations Board Acting General Counsel (“GC”) William Cowen issued Memorandum 25-05, which rescinded dozens of policy memos issued by his predecessor, Jennifer Abruzzo, during the Biden Administration. Cowen cited an unsustainable “backlog of cases” as the primary motivation for the rescission and shed light on his more measured prosecutorial intent, writing that “[t]he unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing.” Cowen also signaled that he plans to publish new guidance to replace some of the rescinded policy memos and signaled that his office may completely abandon other Biden-era policy initiatives. The rescission memo is among the first public steps Cowen has taken since assuming the Acting GC role in early February. As we expected, it confirms that he plans to chart a different course for some of the most visible and controversial issues in labor law today. Background:  Under the ...