Posts tagged William Cowen
National Labor Relations Board sues to block New York labor law
September 22, 2025 // The suit claims that S8034A/A8590A creates a regulatory system in conflict with the National Labor Relations Act, alleging that it usurps the NLRB’s authority to regulate the private sector. It wants the court to declare the law invalid because it’s preempted by the NLRA under the Supremacy Clause of the U.S. Constitution. The complaint also asks the court for an injunction to stop the state from enforcing the law. S8034A/A8590A, signed into law by Gov. Kathy Hochul (D) at the New York City Labor Day Parade, amends the State Labor Relations Act to allow the PERB to enforce collective bargaining agreements and certify bargaining representatives. It took effect immediately upon being signed.
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.
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