The National Labor Relations Board (NLRB) hit reset in a big way. Acting General Counsel William B. Cowen issued a memo on February 14, 2025, that effectively wipes out a chunk of labor-friendly policies put in place by his predecessor. The move signals a significant pivot in how the agency plans to handle labor disputes moving forward.
The Reason Behind the Shakeup
Cowen made it clear: the NLRB’s backlog is out of control. “If we attempt to accomplish everything, we risk accomplishing nothing,” he wrote, bluntly stating that the agency needs to be more strategic in its enforcement efforts. Translation? Many of the progressive policies championed in recent years are being tossed aside in favor of a more measured approach.
What’s Getting the Axe?
Here’s a rundown of some of the most significant changes:
- Student-Athletes’ Rights (GC 21-08) – Say goodbye to the push to classify college athletes as employees.
- Electronic Monitoring & AI (GC 23-02) – Employers might breathe easier as scrutiny over workplace surveillance and AI-driven management cools down.
- Severance Agreements (GC 23-05) – The rollback of McLaren Macomb means restrictions on non-disparagement and confidentiality clauses are no more.
- Non-Compete Agreements (GC 23-08 & GC 25-01) – Previous efforts to limit non-competes under the NLRA? Gone.
- Cemex Case Guidance (GC 24-01) – The controversial ruling that altered union recognition processes is under review, with further guidance pending.
What It Means for Employers and Unions
This shift will likely spell relief for employers bracing for aggressive enforcement under the previous administration but will be regarded as a significant setback by unions and worker advocates.
For businesses, this means less worry about expanded remedies and enforcement actions. But this is far from a permanent victory—policy shifts are inevitable, and labor advocates won’t let these reversals go unchallenged.
Mail Ballot Elections: Back to Pre-COVID Norms
GC 21-01—which allowed for broader use of mail-in ballots during union elections—was scrapped in another separate but still notable move. With COVID-19 no longer classified as a public health emergency, the NLRB is signaling a return to in-person voting as the norm.
What’s Next?
Cowen made it clear that this isn’t the end of policy shifts. The NLRB will continue reviewing its approach, meaning more changes could be coming. Whether this leads to more balance in labor relations or simply sets the stage for another round of regulatory whiplash remains to be seen.
Staying ahead of these shifts is crucial for employers, labor attorneys, and HR pros. The landscape of labor law is never static, and this latest round of changes proves nothing is set in stone.
