Acting General Counsel Rescinds NLRB Guidance

By Kelly A. Hayden, JD, Chief Legal Counsel
Published March 4, 2025

The Acting General Counsel of the National Labor Relations Board (NLRB) has rescinded nearly every substantive guidance memorandum released by the Biden Administration’s General Counsel, Jennifer Abruzzo. These memoranda provide guidance on the NLRB's enforcement priorities and provide information about how the NLRB will handle specific issues. The memoranda rescinded include:

• GC Memo 25-01, Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that violate the National Labor Relations Act, provided that requiring non-supervisory employees to stay with an employer for a specific period or repay certain costs may be unlawful.
• GC Memo 23-05, Guidance in Response to Inquiries about the McLaren Macomb Decision, endorsed prosecuting employers who imposed broad confidentiality and non-disparagement provisions in severance agreements.
• GC Memo 23-08, Non-Compete Agreements that Violate the National Labor Relations Act (NLRA), found that non-compete agreements may “chill” employees from exercising their Section 7 rights under the NLRA.

These are just three of the memoranda that were rescinded. In addition, the acting General Counsel indicated that several others were rescinded for one of the following reasons: pending further guidance from the board; because relevant board decisions provide guidance; or because they are no longer needed. The NLRB website has a full list of memos subject to the Acting General Counsel’s actions.

Employers should remember that the NLRB does not currently have a quorum because President Trump removed board member Gwynne Wilcox. (This action is currently being litigated. No sitting board member of the NLRB has ever been terminated.) Without a quorum, the NLRB is unable to hear appeals or requests for review. The NLRB can still process unfair labor practices and representation petitions, which are handled by the Board’s regional offices.

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