What Trump NLRB changes mean for employers
by February 4, 2025 8:41 pm 1,656 views

On Jan. 27, 2025, President Donald Trump fired Jennifer Abruzzo as general counsel of the National Labor Relations Board (NLRB), signaling a shift in the agency’s enforcement priorities.
The NLRB enforces the National Labor Relations Act (NLRA), which governs workers’ rights to unionize, bargain collectively, and engage in protected activities. The general counsel plays a key role in shaping how these laws are interpreted and is responsible for the investigation and prosecution of unfair labor practice (ULP) charges.
Under Abruzzo’s leadership, the NLRB took a progressive, employee-friendly stance on most issues, expanding protections and safeguards for workers involved in union organizing, with an increased focus on non-traditional workforces, like gig economy workers.
With Abruzzo’s departure, employers can expect a potential shift in the NLRB’s enforcement posture. The incoming general counsel is likely to take a more conservative approach, focusing less on expanding worker protections and more on enforcing traditional labor law principles, particularly in industries or states with strong anti-union sentiments. This shift could impact unionization efforts, including how the NLRB investigates, prosecutes, and adjudicates ULP charges.
In an unprecedented move, President Trump also dismissed NLRB member Gwynne Wilcox. The president may terminate the NLRB’s general counsel at will, but no president before now has terminated an NLRB member since the passage of the NLRA 90 years ago. Wilcox has already indicated her intent to challenge her dismissal in court, but in the meanwhile, her absence leaves the NLRB with only two members and thus, unable to meet the three-member quorum required to issue decisions until successor members are appointed.
The lack of a fully functioning NLRB means pending ULP cases will be delayed. Assuming that President Trump’s eventual nominations for NLRB vacancies are confirmed by the Senate, the NLRB may revisit and reverse key decisions published during Abruzzo’s tenure, including decisions on joint employment, worker classification, and the validity of employee handbook policies.
A more conservative-minded NLRB general counsel is also likely to implement less aggressive investigation tactics and enforcement actions for alleged NLRA violations with greater deference given to employers’ workplace policies.
You should consult with competent labor counsel to understand the long-term implications of these personnel decisions and ensure that your business practices remain compliant with current labor law.
Editor’s note: Ross Simpson is an associate at Rose Law Firm. The opinions expressed are those of the author.