• videocam Live Webinar with Live Q&A
  • calendar_month December 2, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

NLRB Under Second Trump Administration: Projected Policy Changes, Union and Non-Union Employer Impact

Impact of New Republican 3-1 Board Majority; Compliance Challenges

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About the Course

Introduction

This CLE webinar will examine the impact that the second Trump administration has had on labor regulation over the past year and a half. The panel will examine the administration's policymaking priorities, the impact that having a new 3 – 1 Republican majority on the NLRB may have on overturning Biden-era decisions and which decisions are likely to be targeted, and what to expect from Board leadership and rulemaking moving forward.

Description

Despite the Trump administration's pro-business stance, over the past year and a half, and with the NLRB being restructured, little action was taken to overturn Biden-era decisions except for the reinstatement of the first Trump administration's joint employer rule. However, with the recent confirmation of the third Republican on the Board, giving it a 3 – 1 Republican majority to overturn significant precedent, change is likely to happen more quickly. 

Furthermore, General Counsel Carey recently issued Memorandum GC 26-04 in which she provided a roadmap of the substantive changes she intends to pursue with the Board. Decisions with Biden-era precedents likely to be in the crosshairs of the GC and new Board include, among others, Cemex, Stericycle, and McLaren Macomb. 

Counsel and their employer clients can expect a wide-ranging change in scope of labor policy and enforcement. While the expected changes to Biden-era decisions will likely mean more employer-friendly rules, counsel should be prepared to assist clients with ongoing compliance challenges under the current administration. 

This webinar will examine anticipated policy shifts under the new NLRB and what may remain unchanged in relation to union elections, ULP charges, employer policies and agreements, and rulemaking, among other issues.

Listen as our authoritative panel provides insights and projections on how the new NLRB under the second Trump administration will impact labor policy. The panel will also discuss strategies for helping clients navigate this evolving regulatory landscape.

Presented By

Matthew A. Fontana
Partner
Faegre Drinker Biddle & Reath LLP

Mr. Fontana handles a variety of traditional labor matters for both public and private sector clients under the National Labor Relations Act, Labor Management Relations Act, and Pennsylvania’s Public Employee Relations Act. He counsels clients on day-to-day labor/management issues (including union organizing and strike issues), handles grievance/arbitration issues and leads collective bargaining negotiations. Mr. Fontana also has Railroad Labor Act experience representing both railroad and airline clients. He also handles a broad range of employment matters under local, state, and federal laws, including: Title VII; Americans with Disabilities Act; Age Discrimination in Employment Act; Family and Medical Leave Act; Fair Labor Standards Act; Pennsylvania Human Relations Act; New Jersey Law Against Discrimination; Conscientious Employee Protection Act; whistleblower laws and OSHA investigations; and restrictive covenant, noncompetition and trade secret issues. Mr. Fontana has also defended wage and hour class actions involving state and federal law.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, December 2, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction

II. NLRB under Trump 2.0

A. NLRB personnel changes and repercussions

III. Potential labor policy shifts

A. Current memos and litigation

B. Union elections

C. Employment policies

D. Independent contractors

E. Noncompetition provisions

F. Joint employment standard

G. Organizing and strike activity

H. Others

IV. Best practices for employer compliance during evolving regulatory landscape


The panel will review these and other important issues:

  • What key changes to labor policy are expected under the new NLRB? What rulings made during the Biden administration are likely to be reversed?
  • In what areas are labor policies likely to remain unchanged?
  • What ongoing compliance obligations should employers be aware of regardless of the evolving labor regulatory landscape?