With a change back to a Republican administration and a full Republican Congress, it is likely there will be significant shifts in federal labor and employment law coming in 2025 and beyond. Here is some educated speculation on what we may see after the inauguration in January.

At the National Labor Relations Board (NLRB), as now happens when the party in power changes, we expect the board’s general counsel will be replaced as soon as practicable. Under the Biden administration, the NLRB continued to interpret the National Labor Relations Act as widely as possible in litigation and policy statements. Expect the new administration to pull them back, rescind, or outright repeal commentary on topics such as noncompete agreements, financial remedies, full settlements, as well as requiring other language considered difficult to accept by management. We expect the NLRB to tilt away from unions and labor, in favor of management. Related to any of these types of changes, expect a new NLRB chair as well as new board members as soon as the Republican Senate can confirm new nominees. In short, it will be harder for unions to organize and there will likely be additional shifts in what can be said during organizing campaigns.