PR
Proskauer Rose LLP
More
The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. Our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.
As reported here, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions…
United States
Employment and HR
To print this article, all you need is to be registered or login on Mondaq.com.
Article Insights
Daniel H. Dorson’s articles from Proskauer Rose LLP are most popular:
within Employment and HR topic(s)
in United States
with readers working within the Business & Consumer Services, Media & Information and Law Firm industries
Proskauer Rose LLP are most popular:
within Environment topic(s)
As reported
here, the National Labor Relations Board (“NLRB” or
the “Board”) regained a quorum late last year. Many
expected that the new Republican majority would soon begin
revisiting the Biden-era decisions that were widely considered to
be favorable to employees and unions. Instead, on January 28, 2026,
the new Board declined its first opportunity to do just that.
In a brief decision in Lodi Volunteer Ambulance Rescue
Squad, the Acting General Counsel requested, and the Board
ordered certain expanded remedies pursuant to the NLRB’s 2022
decision, Thryv, Inc., 372 NLRB No. 22 (2022). The
remedies included restoring the eliminated positions, reinstatement
of affected employees, backpay, and compensation for other
“direct or foreseeable pecuniary harms incurred as a
result” of the unlawful discharges.
Given a Circuit split in reviews of Board cases on the issue and
the Board’s departure from longstanding precedent when it
decided Thryv, many practitioners considered itto be
ripe for reconsideration by the newly instated Republican-majority
Board. In a footnote, however, new Members Mayer and Murphy
declined to express any opinion on the expanded remedies created
by Thryv. Rather, they explained that the Board will
continue to apply existing precedent “in the absence of a
three-member majority to overrule it.”
Members Mayer and Murphy’s decision to respect this
tradition signals that federal labor law – including the
union-friendly Biden-era decisions – will likely remain
status quo for the foreseeable future. A three-Member Republican
majority is not expected any time soon; indeed, as of the
publishing of this post, President Trump has yet to nominate a
third Republican Board Member. Moreover, even if a third Member
were to be nominated in the short-term, Members Mayer and Murphy
were not confirmed by the Senate until more than five months after
their respective nominations.
NLRB Refrain From Overturning Biden-Era Precedent – For
Now
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.