In a recent Law360 article, Thompson Coburn partner Howard Lavin examined how employers can navigate National Labor Relations Board (NLRB) decisions that may be reconsidered under the Board’s current Republican majority. He detailed an August memo from NLRB General Counsel Crystal Carey identifying several Biden-era labor rulings that could be reversed, signaling potential changes for employers nationwide.
Howard highlighted that, while the NLRB has not yet overturned any precedents, employers should pay close attention to decisions such as McLaren Macomb, which expanded restrictions on severance agreements, and Stericycle, which established a more employee-friendly standard for evaluating workplace policies and handbooks. Both rulings could significantly impact how employers draft and enforce common workplace documents.
He emphasized that as employers evaluate these developments, it is important to remember that the National Labor Relations Act extends beyond unionized workplaces.
“In short, if a company has nonsupervisory employees, the NLRA applies regardless of whether a union is in the picture. That is why the Biden-era decisions discussed below matter,” he wrote. “They expanded the NLRA’s reach into everyday employer documents and policies, including severance agreements and employee handbooks, and their potential reversal will directly affect how nonunion employers operate.”
Read the full article here.
