Acting NLRB General Counsel William Cowen rescinded more than a dozen policy memoranda issued under his predecessor, Jennifer Abruzzo, citing an unsustainable backlog of cases. The rescinded policies include restrictions on non-compete agreements and “stay-or-pay” provisions, which Cowen argued interfered with employees’ rights under the NLRA. The memorandum also reverses previous guidance on confidentiality clauses in severance agreements, the employment status of college athletes, and employer-led discussions on labor issues. While Cowen’s memo does not change existing NLRB rulings, it signals a major policy shift under the Trump administration, potentially easing enforcement actions against employers.
See "NLRB’s Acting General Counsel Rescinds Biden-Era Labor Policies", Robert T. Dumbacher, Keenan Judge, The National Law Review, February 24, 2025