As employers anticipate possible changes in labor policy stemming from the recent presidential election, they should also consider two recent National Labor Relations Board (Board) decisions and a General Counsel (GC) Memorandum that have, at least for now, significantly changed how employers address labor issues. The two Board decisions issued in November 2024 overruled decades-old precedent concerning the legality of mandatory captive audience meetings and how employers present predictions concerning the impact of unionization on the employee and employer relationship. The GC memorandum urges the Board to find certain non-compete and stay-or-pay provisions unlawful. Employers should be aware of these three updates, detailed below, as they evaluate their labor policies, especially because the new administration may be friendlier to labor than prior Republican administrations.
On November 13, 2024, the Board overturned Babcock & Wilcox Co., 77 NLRB 577 (1948), a 76-year-old precedent allowing employers to hold “captive-audience meetings”—a common feature of employer campaigns. The new decision, Amazon.com Servs. LLC & Dana Joann Miller & Amazon Lab. Union, 373 NLRB No. 136 (Nov. 13, 2024), limits how employers can now campaign during unionization efforts.
Previously, employers could compel employees to attend meetings to listen to their view on whether employees should unionize—...
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