Stokes Wagner Quarterly Legal Update - March 2021

Anticipated Changes in Labor Law Under the Biden Administration -

With a new administration in place since January 20, 2021, companies can anticipate some significant changes in labor and employment law, mostly favoring employees over employers.

The National Labor Relations Board -

President Biden has fired both the Trump-appointed General Counsel of the National Labor Relations Board and his Deputy after they refused to resign. The new acting General Counsel or his successor will likely seek to obtain reversals of Trump-era Board law. The Board itself will remain Republican-controlled while the terms of two Republican-appointed Board members expire. However, challenges will likely be made to Trump-era decisions restricting employees’ use of employer e-mail systems for union activity, relaxing restrictions on employer work rules, allowing employers to withdraw recognition from unions based on evidence of loss of majority support, and restricting unions’ ability to organize very small bargaining units.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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