The U.S. political landscape changed dramatically recently, in a way that will significantly impact labor law obligations for virtually all employers in the U.S. Republicans will control the White House and Congress come January, and Republican appointees will control the Supreme Court. By late January, Republican appointees will hold some of the key positions at the National Labor Relations Board. How will this change labor law? Some consequences are almost certain, while others are more speculative.

Near Certain Impact

Several changes will occur right away, as the new administration almost certainly will remove the current General Counsel of the NLRB, Jennifer Abruzzo, within the first week of taking control. The new administration will continue appointing conservative judges to the federal bench, and the Supreme Court almost certainly will remain a Republican majority for the foreseeable future.

The NLRB’s policy agenda is almost certain to shift. The new General Counsel will likely take a different approach to several key labor issues that the current NLRB has made a priority. For example, current General Counsel Abruzzo pursued aggressive enforcement actions against restrictive covenants, like non-compete and nonsolicitation agreements, following her May 2023 memo where she articulated her view that restrictive covenants like non-competes “generally violate federal labor law.” The new General Counsel will almost certainly halt enforcement of this position and several...

Read Full Story: https://news.google.com/rss/articles/CBMiwgFBVV95cUxQMG8tR0p1T3F6SU9XMXV0SmY1...