Posts tagged Jennifer Abruzzo
NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
July 15, 2025 // NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB
June 26, 2025 // With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress.
Jennifer Abruzzo Wants Workers to Fight Back
May 14, 2025 // On May 5, Workday Magazine interviewed Abruzzo, who has since returned to the Communications Workers of America, as a senior advisor to the president. We talked about how protected concerted activity can include Gaza protests, why it’s a shame that domestic workers and farm workers are excluded from the National Labor Relations Act, and what workers can do to fight back in the Trump era. “It’s up to the people to actually use their power and flex their muscles in order to get the changes that they deem are appropriate,” she says, “so that they can live the lives that they deserve with dignity and respect.
A New Sheriff in Town? Trump Names His NLRB General Counsel
April 1, 2025 // Although Carey spent eight years as an attorney with the NLRB, she has criticized the Board’s recent precedent-shattering decisions barring employers from telling employees that unionization will negatively impact their relationship with management (Siren Retail Corp. d/b/a Starbucks, 373 NLRB No. 135 (2024)) and abolishing captive audience meetings (Amazon.com Services LLC, 373 NLRB No. 136 (2024)). If Carey is confirmed, we expect her to steer the NLRB and its prosecution of cases in an employer-friendly direction, including by continuing to rescind memoranda setting out the agenda of former GC Jennifer Abruzzo, a nominee of former President Joe Biden, and looking for cases where the Board can reverse Biden-era decisions.
Trump taps EEOC’s Lucas for new term, Morgan Lewis partner for NLRB general counsel
March 25, 2025 // Carey referred a request for comment to Morgan Lewis. The firm's chair, Jami McKeon, in a statement said that Carey's "background, experience, judgment, and training make her highly qualified for this important role, and we are excited for her on this well-deserved nomination.” Lucas, a former Gibson Dunn & Crutcher associate, was first appointed to the EEOC by Trump in 2020. She was a dissenting Republican voice on the Democrat-led board until Trump made her acting chair and named her chief of staff, Andrew Rogers, as acting general counsel.
GOP lawmakers demand info on Biden-era spending used to declare student-athletes as employees
March 3, 2025 // While the change in how college athletes are treated has been welcomed by many, others have been concerned about the move's potential implications. Earlier this month, the Trump administration rescinded the Biden administration NLRB's September 2021 memo insisting college athletes be recognized as employees under federal labor laws. The Trump administration this month also revoked guidance issued by President Joe Biden on his way out of the White House that required schools to distribute direct NIL payments equally to female and male athletes. Aaron Withe, an expert in government unionization and a former college athlete, said he fears continued momentum toward viewing college athletes as strictly employees will destroy college sports. "Are unions going to step in between a coach and their athletes for yelling at the players, or because practice went long or because they're making them run an exceptional amount of lines?" Withe wondered. "If you're represented by a union, they're now your bargaining agent. You have no ability to go represent yourself in anything with the university if it is deemed they are your employer. You've got no ability to go negotiate with them anymore."
Walberg, Allen to NLRB: How Much Taxpayer Money Did Biden-Harris Spend Trying to Unionize Student Athletes
March 2, 2025 // “In September 2021, General Counsel Abruzzo issued a memorandum to NLRB field offices taking a ‘prosecutorial position’ that certain student-athletes were employees under the NLRA. The memo further stated she would pursue an independent violation of NLRA Section 8(a)(1) in ‘appropriate’ cases where an employer misclassified players as student-athletes rather than as employees.” The letter continues: “General Counsel Abruzzo’s attempts to impose the Biden-Harris administration’s misguided priorities on the student-athlete population would have caused significant consequences. Student-athletes would have lost the ability to negotiate their own deals with universities, and classifying these student-athletes as employees could have hindered their ability to transfer between schools.
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
February 19, 2025 // During her tenure, former GC Abruzzo frequently issued employee-friendly memos on a host of issues, including opposing captive audience meetings, clamping down on employer surveillance, and expressing her perception of the legality of non-compete agreements and pay-or-stay provisions (for example, see alerts here and here). The memos, issued by the NLRB’s top prosecutor, signal the agency’s policy and enforcement priorities, and impact agency staff’s interpretation of their role in carrying out the agency’s objectives. Under Abruzzo, Regional Directors evaluated and acted on unfair labor practice claims as directed by the memos instead of the binding law and NLRB precedent.
Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to Know
February 18, 2025 // Overall, GC Cowen’s memo impacted 31 prior GC memos issued between 2021 and 2025 (yes, some of these were hurriedly issued in January prior to the presidential inauguration). Some of the most impactful memos that are no longer in effect include: Contending that most non-competition agreements violate federal labor law Prohibiting “stay or pay” provisions Characterizing student-athletes as employees
President Donald Trump appointed a new leader at the National Labor Relations Board
February 3, 2025 // William B. Cowen will serve as the acting general counsel of the NRLB, the agency said. Trump fired President Joe Biden’s NLRB general counsel, Jennifer Abruzzo, last week. Abruzzo was widely viewed as one of the most union-friendly people to serve in the role.