Employer Voice at Risk: NLRB Update, 2nd Quarter, 2023

Welcome to the sixth edition of HR Policy Association’s quarterly NLRB Report. Each report provides a comprehensive update of law and policy developments at the National Labor Relations Board, including significant decisions issued by the Board, cases to watch, Office of General Counsel initiatives, and rulemakings. These reports also feature analyses on specific issues or topics from a rotation of subject matter experts.

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The second quarter of 2023 saw the Board issue an unusually small number of decisions, particularly given the continued backlog of cases, including several pending cases that could drastically rewrite federal labor law. The Biden Board has continued its snail’s pace in issuing significant decisions despite its announced consideration of – and even intention to – rewrite several decades of NLRB precedent.

This quarter, the Board issued two decisions on significant labor law policy issues – independent contractor status and discipline of offensive speech in the workplace – and rewrote precedent in the process. Moreover, General Counsel Abruzzo extended her pro-labor, anti-employer crusade to a new front – non-compete agreements. Even in an unusually “light” quarter, the current Board continues to provide headaches for employers.