What NLRB’s New General Counsel’s Course Means for Employers 

Chair of Olshan’s Employment Practice partner Michael Passarella authored an article in HR Daily Advisor entitled “What NLRB’s New General Counsel’s Course Means for Employers.” In the article, Mike examines the National Labor Relations Board General Counsel’s efforts to reconsider thirteen key Biden-era labor precedents. He offers employers practical guidance on reviewing severance agreements, workplace rules and union related communications while current standards remain in effect. “Still, for now and until McLaren Macomb is overruled, which feels inevitable, the case remains precedent, and employers should continue to use non disparagement and confidentiality provisions consistent with current law,” Mike explains. Employers should audit workplace policies with counsel and identify provisions that may need revision if the Board changes course on current precedent. HR teams should also prepare compliant alternatives for employee communications and train managers on maintaining voluntary practices unless and until governing standards change. “Assuming Stericycle is overturned, employers, with guidance from counsel, should revisit their codes of conduct and similar policies and consider changes consistent with legitimate business objectives,” he writes. “While the current rule remains in place, employers should continue to use voluntary meeting practices, make attendance optional, communicate that no retaliation will result from a decision not to attend, and train managers not to pressure employees directly or indirectly.”