What a Trump Win Means for Unions

This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and high-profile strikes and evolving worker demands.

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NLRB Limits Employer Statements on Union Impact

The Biden administration and the NLRB have been aggressive in pursuing policies and enforcement priorities that promote activity. Just last week, in a case involving Starbucks, the NLRB overturned a 40-year precedent to restrict employers’ ability to describe the consequences of unionization to employees. The incoming administration can make some immediate changes here, such as replacing the NLRB General Counsel, but replacing board members takes more time, and other factors beyond executive policy impact the organizing environment. 

Courts Limit and Expand Protections

The courts have both limited and expanded protections for union organizing. For example, the U.S. Court of Appeals for the Fifth Circuit revived a pilot union lawsuit for retaliation against union activity based on recent U.S. Supreme Court precedent. On the other hand, several cases challenging the way NLRB members are appointed are working their way through the courts, setting up the possibility that President Trump could have a more immediate policy impact.

Boeing Strike Highlights New Union Demands

High-profile strikes and work stoppages could also impact future union activity, such as the recent Boeing strike. These labor actions could continue during the new administration as workers push for more benefits and protections.

Other Highlights

California Is the First State to Adopt Intersectionality of Protected Characteristics
Workforce Bulletin
Haley Morrison, Heather M. Domingo

Trump's Win Endangers Slew of Biden-Era Employee Benefits Rules
Bloomberg Law Daily Labor Report (subscription required)
David Shillcutt quoted

How Trump’s Return Could Shift the Wage-Hour Landscape
Law360 Employment Authority (subscription required)
Paul DeCamp quoted

GOP Election Wins May Set Stage for Curbing Workplace DEI
Law360 Employment Authority (subscription required)
David W. Garland quoted

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About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

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