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In this special edition of Labor Law Insider, host Tom Godar is joined by the consummate insiders, Husch Blackwell attorneys Terry Potter and Jon Anderson. Jon offers insights gained from his decades of labor law practice and his participation on a panel with new National Labor Relations Board General Counsel, Crystal Carey. Jon organized this panel for the American Health Law Association and heard firsthand the insights offered by GC Carey.  Terry Potter, who is in the trenches daily with Husch Blackwell clients, shares how the enormous backlog before the Board has affected the decision to transfer hundreds of cases from district to district, even as the interpretations of national labor law continue their return to a less union-oriented bias. Jon also comments on further changes in Board direction with the anticipated appointment of a new Board member, James Macy, Jon’s former partner.  Our Insider audience will want to learn how these changes will impact union elections and responding to unfair labor practice charges. Join this free-wheeling discussion that touches on General Counsel Carey’s agenda, the appointment of a new Board member, and the impact on the world of labor law. You don’t want to miss this discussion.

In this episode, Labor Law Insider host Tom Godar, and his special guest, Adam Doerr, continue to explore the momentum shift away from the extreme interpretations of the Biden-appointed National Labor Relation Board. In part 1, published earlier in April, the focus was on recent decisions of the Board, limiting the reach of the interpretation of authority imposed in decisions such as Thryv. Adam and Tom continue to offer play-by-play comments in part 2 of this podcast as they discuss the Courts of Appeal whistling fouls committed by the previous Board as it sought to rewrite the rules of the game. In Brown-Forman Corp v. NLRB, the Court of Appeals for the 6th Circuit rolled back the clock to the long-standing Gissel standard, limiting the Board’s authority to issue bargaining orders without an election or after a loss of an election by a union. It found that the Board lacked authority to create this new policy through a decision rather than rulemaking. Likewise, the Court of Appeals for the 5th Circuit rejected the broad interpretations of possible damages for committing an Unfair Labor Practice under the prior Board’s Thryv decision, ruling in Hiran Management v. NLRB that the broad remedies under that Board decision were “beyond the text of the NLRA.” Our insiders offer post-game analysis that the momentum shift will not only change the interpretation of the NLRA but will also change ways in which employers craft and interpret policies, and generally provide much greater freedom in applying supervisory oversight for their employees. Join us for part 2 of the Labor Law Insider.

There seemed to be another type of madness going on this past month. NLRB called a foul on Jireh Plumbing as it tried to block imposition of a union without an election, ignoring historic precedent established by the Cemex decision. Join host Tom Godar and all-star guest Adam Doerr as they explore recent board decisions which continue NLRB’s shift back in favor of Team Employer. Part 1 leans into the recent board rulings, and part 2, which will be published later this month, follows Courts of Appeals as they also block the Biden-board fast break to new and union friendly interpretations of labor law. Relevant NLRB Decisions: Jireh Plumbing, LLC St. John’s College

Join Labor Law Insider host Tom Godar and his special guest, Insider veteran Terry Potter, as they move into part 2 of their discussion of changes in people and policy at the National Labor Relations Board. This show highlights the new interpretations of the National Labor Relations Act (Act) that are emerging under the Trump era NLRB, and offers solid advice about crafting workplace policies and training of supervisors to engage employees and avoid pitfalls. Terry also shares his insights on union abuse of social media to influence employees and joins Tom in suggesting transparency in communicating employer economic and workplace issues. Don’t miss the conclusion of this timely discussion about labor law issues in 2026 and beyond.

Now that the NLRB has reached a quorum and appointed a new General Counsel, Labor Law Insider host Tom Godar sits down for a timely conversation with Insider veteran, Terry Potter. Terry’s experience as a former NLRB attorney and his decades in private practice guiding employers make this a must-listen episode. The new Board will change the way it tackles issues of union elections, remedies for unfair labor practices, and the scope and analysis of activities to be protected under the National Labor Relations Act.  Recent changes, including President Trump’s appointment of an Acting General Counsel who has withdrawn certain advice memoranda and added interpretive declarations, signal that the Board will continue to move in a management-friendly direction in the coming years.  In part 1 of the podcast Tom and Terry discuss the new appointments, explore the changes in interpretation, and the probable impact upon employers, labor unions, and employees. Part 2 will continue this insightful analysis and offer options for employers as they navigate the ever-evolving world of labor law.

As we welcome the new year, host Tom Godar continues his discussion with Elizabeth Filter, CEO of VARC Inc., as she shares insights from her experience as a servant-leader. Her journey of successfully growing an enterprise that has focused on creating opportunities for people with disabilities while meeting the exacting demands of manufacturers is an inspiring story. Liz offers an overview of her role as a CEO in empowering and engaging her staff and communicating opportunities and challenges to the thousand-plus employees who participate in this mission driven business. The discussion highlights how well-designed policies can create opportunities for individuals to make decisions independently and effectively. Liz explains how valuing her employees creates an environment for growth for employees and growth for VARC.  Join this discussion as Tom asks Liz how fostering a positive employment environment not only creates success but diminishes opportunities and incentives for employees to either leave or challenge the enterprise through legal proceedings. This capstone of the discussion is an amazing episode of the Labor Law Insider.

Host Tom Godar is delighted to welcome Elizabeth Filter, CEO of VARC, Inc., to the Labor Law Insider podcast for a two-part discussion on expanding a business in an increasingly challenging environment. In this special episode, Liz, best described as a servant leader, explains how creating a responsive, resilient, and respectful culture can drive organizational and individual success. She shines a light on fostering a culture focused primarily on candidate and employee character. Liz has steered the VARC team through a decade of growth and diversification in a business beset with market retrenchment. She shares how retooling the hiring and onboarding process, and reframing the real role of employees, are key to empowering employees to fulfill VARC’s mission of providing those with disabilities and life challenges “personalized client services to help individuals experience their community…[and] make every day count…” In Part 2 of this discussion, Tom and Liz will explore how proactive communication and clear employer expectations align her staff. As a result, the likelihood that employees will turn to third parties or mount legal challenges to resolve workplace issues is greatly diminished. Join us for this amazing episode of the Labor Law Insider.

Host Tom Godar welcomes Husch Blackwell attorneys Tom O’Day and Tracey O’Brien to the podcast for the second part of a two-part discussion on employee restrictive covenants, including noncompete agreements. Tom begins this timely episode by highlighting the September 10 directive from Federal Trade Commission (FTC) Chair Andrew Ferguson. The FTC is still in the business of policing noncompete agreements, as it issued correspondence to several healthcare employers and staffing firms suggesting that they “conduct a comprehensive review of their employment agreements—including any non-competes or other restrictive agreements—to ensure they are appropriately tailored and comply with the law.” Our discussion then pivots to look at the state regulatory frameworks in place relating to non-competes in greater detail. These state-level requirements—which can vary greatly from state to state—must play an important role in how employers draft their restrictive covenants. Tracey outlines how more states are prohibiting non-competes for those receiving lower compensation and that states often have specific provisions directed at healthcare professionals and providers. The conversation wraps up with some practical tips to consider for drafting employee agreements and some common pitfalls to avoid. Don’t miss this informative episode that touches on one of the hottest areas of labor and employment law. Additional Resources Barbara Grandjean, Wendy Arends, Courtney Steelman, and Chengzhuo He. “FTC Abandons 2024 Non-Compete Rule, Signals Priority in Non-Compete Enforcement Actions,” September 16, 2025.

Host Tom Godar welcomes Husch Blackwell attorneys Tom O’Day and Tracey O’Brien to the podcast for a two-part discussion on employee restrictive covenants, including noncompete agreements. Our conversation kicks off with a summary of what constitutes a restrictive covenant and federal agency stances toward noncompete agreements over time. Tom, Tom, and Tracey review how the Biden administration made policy and enforced regulations severely restricting the use of noncompete agreements and describe how the second Trump administration is moving away from its predecessor’s more aggressive posture.  At the same time, several state governments are moving forward with legislation restricting the use of noncompete prohibitions. Tracey summarizes state-level lawmaking during the 2025 legislative sessions, which demonstrates that states are indeed at the forefront of policymaking on restrictive covenant issues. Tracey also covers the basic differences among the states and how compliance with this emerging patchwork of state law can be challenging. In a forthcoming Part II of this discussion, our insiders will break down those state-specific issues relating to noncompetes in greater detail and provide listeners with some practical takeaways for compliance. Additional Resources National Labor Relations Board, Universal Automation & Mechanical Services, 01-CA-300935 (case-closing email)

Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson for the second installment of a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the procedures and fora associated with mediation and arbitration in Wisconsin and nationally. In this episode, Tom and Jon build on their prior discussion with Howard, covering the role that mediation and arbitration plays in maintaining labor-management peace. The conversation explores the arbitrator’s point of view in the dispute resolution setting, and Howard provides signature perspectives on taking the temperature of the disputants and learning how to read a room, even when that room is virtual. Tom, Jon, and Howard then consider some best practices for the arbitration process, including the need to be clear in communicating with the arbitrator, to understand what the case is ultimately about, and to confront the weaknesses of your case. The group also discusses the value of written briefs and opening statements in the context of arbitrations, where arbitrators often have no real knowledge of the substance of the matter until the disputants present their cases. The episode concludes with a brief summary of how the arbitration process has evolved as public policy has shifted repeatedly—particularly at the National Labor Relations Board—during the first quarter of the 21st century.  Be sure to catch this interesting discussion about the crucial role arbitration plays in maintaining accord between labor and management.

Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the procedures and fora associated with mediation and arbitration in Wisconsin and nationally.  In Part I, our conversation covers the broad contours of dispute resolution within the context of labor and employment law and focuses initially on dispute resolution mechanisms in connection with collective bargaining agreements. These proceedings can be advantageous for the parties involved, especially in the labor setting, due to their speed and ability to preserve labor-management peace, an important consideration within the CBA setting. The conversation then turns to specific arbitration language found in CBAs, providing some practical insights into drafting arbitration provisions and how those provisions are implemented in addressing grievances and resolving disputes. Be sure to catch this interesting discussion about the crucial role arbitration plays in maintaining accord between labor and management.

Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National Labor Relations Board (NLRB). The memo sets forth guidelines for NLRB regions to use in approaching settlement agreements that urge NLRB personnel to “focus on pursuing foreseeable harms that are clearly caused by the unfair labor practice.”  In Part I of our show, Tom and Mary-Ann explore how the memo could lead to a reduction of the board’s pursuit of expansive make-whole remedies that had created significant dissatisfaction among management-side counsel. In Part II, Tom and Mary-Ann discuss the possibility of seeing more non-admission clauses as part of settlement agreements under the current NLRB. The use of these clauses saw a sharp decline during the Biden administration as a matter of board policy; however, the Cowen memo seemingly rolls back this approach, providing the regions with ample latitude to incorporate non-admission clauses as they see fit. Tom and Mary-Ann then consider the issue of non-admission clauses from a more holistic standpoint vis-à-vis the Cowen memo. They contend that the memo restores a level of discretion to the regions, while attempting to strike a more practical-minded balance in the enforcement of labor law violations. The conversation then moves on to consider the NLRB’s 2022 Thryv case, which expanded available remedies under the National Labor Relations Act, and how Thryv might be approached by a newly constituted board. Don’t miss this episode covering how NLRB policy could be changing regarding settlements. Related Materials National Labor Relations Board Office of the General Counsel. “Seeking Remedial Relief in Settlement Agreements,” Memorandum GC 25-06, May 16, 2025. National Labor Relations Board Office of the General Counsel, “Full Remedies in Settlement Agreements,” Memorandum GC 21-07, September 15, 2021. Thryv Inc. and International Brotherhood of Electrical Workers, Local 1269, case number 20-CA-250250, before the National Labor Relations Board.

Host Tom Godar welcomes back Husch Blackwell attorney Mary-Ann Czak for a two-part discussion on a recently published memorandum from William Cowen, acting general counsel of the National Labor Relations Board (NLRB). The memo sets forth guidelines for NLRB regions to use in approaching settlement agreements that urge NLRB personnel to “focus on pursuing foreseeable harms that are clearly caused by the unfair labor practice.”  In Part I of our show, Tom and Mary-Ann explore how the memo could lead to a reduction of the board’s pursuit of expansive make-whole remedies that had created significant dissatisfaction among management-side counsel. As Mary-Ann explains, the NLRB’s aggressive posture on remedies was the product of a 2021 memorandum that directed board prosecutors to expanded remedies in settlement agreements, including consequential damages and employer letters of apology, among other items. In 2021, the board had a 100% settlement rate; by 2024, it had dropped to 96.3%.  Some companies regarded the 2021 memorandum as punitive and have been willing to litigate rather than submit to what they regarded as an unfair settlement process that had created labor-management discord, extended the timeline for resolving cases, and driven up costs for both the government and litigants. Our conversation also covers some practical suggestions regarding the default language found in settlement agreements. Don’t miss this episode that covers how NRLB policy regarding settlements could be changing, and stay tuned for Part II, which will cover non-admission clauses and other settlement issues in the Cowen memo. Related Materials National Labor Relations Board Office of the General Counsel. “Seeking Remedial Relief in Settlement Agreements,” Memorandum GC 25-06, May 16, 2025. National Labor Relations Board Office of the General Counsel, “Full Remedies in Settlement Agreements,” Memorandum GC 21-07, September 15, 2021.

Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and Adam further consider trends in unfair labor practice filings with the National Labor Relations Board, including how allegations are framed up and presented to the Board for its consideration. The conversation then pivots to explore union election filings since the inauguration of Donald Trump and whether leadership changes at the NLRB have had any impact on the frequency of filings.  Tune in to get insights on how organized labor and management have approached the transition in administrations and what the future might hold.

Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr to the show for a two-part episode to discuss how organized labor has approached the early days of Trump 2.0. Among other actions, the administration dismissed the National Labor Relations Board’s Chair and General Counsel in late-January 2025, establishing a change of direction for the board.  In Part I of the show, Tom and Adam discuss the union reaction to these changes, and Adam provides an analysis of union activity since then—focusing on the number of filings for unfair labor practices—and whether the new direction of the board, or its lack of a quorum have affected these filings. In Part II, the conversation will shift to consider trends in union elections since January. Be sure to tune in to gain useful perspectives on how unions are approaching this new labor law landscape.