February 14, 2025
NLRB General Counsel Rescinds 30+ Previous GC Memos
On Valentine’s Day, the National Labor Relations Board’s new Acting General Counsel, William B. Cowen rescinded more than thirty Memos issued under the previous administration. Of those, 13 are rescinded pending further review. Some key changes impacting HR policies, practices and programs from those fully rescinded include:
GC 23-02 that declared certain “electronic monitoring and algorithmic management of employees” violated Section 7 of the NLRA;
GC 23-05 that described how confidentiality, NDA, and non-disparagement clauses in severance and other employment agreements violated the NLRA
GC 23-08 that explained how non-compete agreements violated the NLRA
GC 25-01 that reinforced some of the issues with noncompetes, as well as stay-or-pay provisions that violate the NLRA
GC 25-04 that addressed how employers may or must balance NLRA compliance with enforcing EEO laws related to workplace civility, workplace investigations, and more.
What now? Many employers made changes to their policies, practices, and/or related programs in accordance with one or more of these previous memos. Talk to your company’s employment counsel about whether you should rescind those, keeps things as they are, and your options for next steps.
Stay tuned. the Acting GC writes at the close of this memo, “my review of our practices is ongoing, and I anticipate that further adjustments will be made as needed.”
