2025 National Labor Relations Act Updates: Key Developments and Implications

There have been significant changes to the make-up of the National Labor Relations Board (NLRB)as well as the interpretation and enforcement of policies from the National Labor Relations Act (NLRA) that are reshaping the landscape for employers, employees, and labor organizations.

The Board Composition

A major disruption to the Board occurred when President Trump’s termination of NLRB Board member Gwynne Wilcox was ruled to have violated the NLRA. Although Wilcox was reinstated in March 2025, restoring the Board’s quorum temporarily, the court later upheld her removal.

As a result, the Board currently has only one active member, David M. Prouty, and has issued no decisions since March 28, 2025. This lack of quorum (three of five seats vacant) has stalled critical adjudications and left many labor disputes unresolved. Currently, the GC nominee M. Carter Crow and Board member nominee James Murphy have been approved by the Senate Committee and need a full Senate vote. Nominee Scott Mayer, did not receive the approval of the committee as of November of 2025.

Change in Focus

The NLRB has also shifted its priorities with Acting General Counsel William Cohen issuing GC Memo 25-05 in February of this year. This Memo rescinds numerous initiatives introduced by former General Counsel Jennifer Abruzzo.

The memo reversed policies that had:

• Expanded protected concerted activities.
• Granted additional rights to student athletes.
• Imposed restrictions on employee monitoring by employers.
• Tightened rules on settlement agreements, particularly those waiving NLRA rights.
• Added limitations on non-compete agreements.
• Reversed the Cemex standard for failure-to-bargain remedies.
• Promoted broader use of 10(j) injunctions.
• Sought to eliminate stay-or-pay provisions.

This rollback signals a return to more traditional interpretations of the NLRA, reducing regulatory burdens for employers while narrowing protections previously extended to workers.

State-Level Response to NLRB

In response to the NLRB’s prolonged inactivity, several states have enacted statutes expanding state jurisdiction into areas traditionally governed by the NLRA. These measures aim to maintain momentum in resolving employment and labor disputes.

What can employers do?

Employer should continue to review their compliance practices, including reviewing protocols, settlement agreements and non-compete clauses as the federal enforcement priorities have shifted. If there are questions regarding practices or a question regarding the NLRB, please contact a member of Barrett McNagny’s Labor and Employment Group.