{"id":472612,"date":"2026-02-16T21:23:10","date_gmt":"2026-02-16T21:23:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/472612\/"},"modified":"2026-02-16T21:23:10","modified_gmt":"2026-02-16T21:23:10","slug":"nlrb-refrain-from-overturning-biden-era-precedent-for-now-employee-rights-labour-relations","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/472612\/","title":{"rendered":"NLRB Refrain From Overturning Biden-Era Precedent \u2013 For Now – Employee Rights\/ Labour Relations"},"content":{"rendered":"

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\n 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… \n <\/p>\n


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\n Employment and HR \n <\/p>\n


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As reported
\nhere<\/a>, the National Labor Relations Board (“NLRB” or
\nthe “Board”) regained a quorum late last year. Many
\nexpected that the new Republican majority would soon begin
\nrevisiting the Biden-era decisions that were widely considered to
\nbe favorable to employees and unions. Instead, on January 28, 2026,
\nthe new Board declined its first opportunity to do just that.<\/p>\n

In a brief decision in\u00a0Lodi Volunteer Ambulance Rescue
\nSquad, the Acting General Counsel requested, and the Board
\nordered certain expanded remedies pursuant to the NLRB’s 2022
\ndecision,\u00a0Thryv, Inc., 372 NLRB No. 22 (2022). The
\nremedies included restoring the eliminated positions, reinstatement
\nof affected employees, backpay, and compensation for other
\n“direct or foreseeable pecuniary harms incurred as a
\nresult” of the unlawful discharges.<\/p>\n

Given a Circuit split in reviews of Board cases on the issue and
\nthe Board’s departure from longstanding precedent when it
\ndecided\u00a0Thryv, many practitioners considered itto be
\nripe for reconsideration by the newly instated Republican-majority
\nBoard. In a footnote, however, new Members Mayer and Murphy
\ndeclined to express any opinion on the expanded remedies created
\nby\u00a0Thryv. Rather, they explained that the Board will
\ncontinue to apply existing precedent “in the absence of a
\nthree-member majority to overrule it.”<\/p>\n

Members Mayer and Murphy’s decision to respect this
\ntradition signals that federal labor law \u2013 including the
\nunion-friendly Biden-era decisions \u2013 will likely remain
\nstatus quo for the foreseeable future. A three-Member Republican
\nmajority is not expected any time soon; indeed, as of the
\npublishing of this post, President Trump has yet to nominate a
\nthird Republican Board Member. Moreover, even if a third Member
\nwere to be nominated in the short-term, Members Mayer and Murphy
\nwere not confirmed by the Senate until more than five months after
\ntheir respective nominations.<\/p>\n


\nNLRB Refrain From Overturning Biden-Era Precedent \u2013 For
\nNow<\/a><\/p>\n

The content of this article is intended to provide a general
\nguide to the subject matter. Specialist advice should be sought
\nabout your specific circumstances.<\/p>\n

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