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 ResourcesBarbara 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 ResourcesNational 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 MaterialsNational 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 MaterialsNational 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.

Husch Blackwell’s Tracy Wolf and Rufino Gaytán continue their engaging discussion with Labor Law Insider host Tom Godar regarding changes being initiated at the National Labor Relations Board (NLRB) under the Trump administration. The conversation explores questions about the viability of mandates under the NRLB’s recent Cemex and Stericycle decisions. The discussion also tackles the impact of a more management-friendly NLRB on unions that are filing charges or seeking certification elections. The insiders also anticipate the practical, day-to-day changes in policies and practices that employers may consider given recent developments. For instance, should employers communicate differently with their employees under this new regulatory regime, and should handbooks and policies be revised? Jump into Part II of this fascinating discussion regarding the ever-changing world of labor law.

The firing of National Labor Relations Board General Counsel Jennifer Abruzzo—and the rescission of many of the policies initiated under the Biden administration—is just the start of the new administration’s overhaul of labor policy. Labor Law Insider host Tom Godar welcomes Husch Blackwell’s Rufino Gaytán and Tracy Wolf for this fascinating discussion that takes stock of where we are now and, more significantly, what the next few months will bring as the Trump administration takes full hold of the NLRB machinery.The insiders discuss not only the expected pro-management changes to come, but the unexpected appointment of a union-friendly Department of Labor secretary and pro-union comments by the president regarding the longshoremen who threatened a strike in January. Please join us for this entertaining discussion of what we know about real or potential changes in policy, including how the administration will likely approach the National Labor Relations Act. The insiders offer predictions for what might happen and when. Part II of this podcast will assess how these changes will impact policies and processes of employers in every sector and industry.

Labor Law Insider host Tom Godar is joined by attorneys Tyler Paetkau and Jason Montgomery to discuss the ever-changing labor law implications for college athletes. We dive into the issue of whether student athletes have the ability to be recognized as employees for purposes of forming unions and to receive compensation for use of their name, image and likeness. This engaging conversation explores the impact of the new Trump administration on the willingness of unions to push for recognition of student athletes as employees.The Insiders also discuss the proposed settlement of the House case which would resolve the litigation around NIL compensation for student athletes and establish rules for NIL money distribution to student athletes. Tyler and Jason also offer thoughts regarding legislative responses to this changing area. Join the Labor Law Insiders for this terrific exchange on one of the most interesting areas affecting the labor law today.

Labor Law Insider host Tom Godar is joined by Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán in Part II of our post-election analysis of labor law and policy. The Insiders discuss anticipated Trump administration changes that will likely reverse some of the policies and decisions of the current National Labor Relations Board (NLRB) and its General Counsel. Our guests review seminal cases reflecting the current Board’s interpretation of the NLRA, which have redefined unfair labor practices and the reach and authority of the NLRB. Also included is a brief discussion of the very surprising nomination by President-elect Trump of Lori Chavez-DeRemer to lead the Department of Labor. This pro-union pick is causing consternation and speculation among those in the employer community. Join us for this must-listen installment of the Insiders for perspectives on where labor policy could be headed under a second Trump administration.

Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán join Labor Law Insider host Tom Godar in a post-election analysis of anticipated policy changes in connection with the incoming Trump administration. The National Labor Relations Board (NLRB) became stridently pro-union under the leadership of its General Counsel Jennifer Abruzzo and the majority of the board members appointed by President Joseph Biden. Through decisions and general counsel memos, the board marched an aggressive path extending the reach of the National Labor Relations Act, including shortening the time for elections, upending a decades-long election process, stiffening remedies for unfair labor practices, and skewering employer policies in both union and nonunion settings.In Part I of our discussion, our guests explore both the process to be undertaken to appoint new board members and a new general counsel and the pace at which that might happen, as well as policy changes which could be expected even in the first days and months of the Trump administration. The discussion will carry over into Part II, where we will address specific decisions, as well as the risks and benefits of anticipating a more neutral NLRB on the horizon. Join us for this fascinating post-election discussion on the Labor Law Insider.

Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal Trade Commission’s recent action to ban virtually all non-compete agreements, and the FTC has since withdrawn its noncompete opinion, the National Labor Relations Board (NLRB) continues its campaign against non-competes, with NLRB General Counsel Jennifer Abruzzo publishing a memo last month doubling down on the policy position reflected in her May 2023 memo, namely, that “overbroad” non-competes are unlawful.Listen to this instructive exchange between Tom and Tyler as they walk through recent pronouncements from the NLRB on non-compete agreements and the remaining exceptions that might provide an opportunity for employers to continue with narrowly tailored agreements to assist employees on accepting employment opportunities, finding educational opportunities, and more.

In Part II of this exclusive Labor Law Insider podcast, former National Labor Relations Board Assistant Regional Director Rebecca Dormon continues to share her story of becoming a whistleblower against the federal agency she served for 25 years. Husch Blackwell’s Tom Godar and Megann McManus—and now you—are the first to hear the details of this transformative journey that shines a light on irregularities impacting mail ballot NLRB elections to the advantage of organized labor. In this episode, Rebecca shares deep concerns that the Board is no longer a neutral agency protecting employees’ rights but is yielding to pressure to be a union tool. Please join us for the conclusion of this first-hand, behind-the-scenes glimpse of agency action and a candid discussion of NLRB bias.

The Labor Law Insider is excited to share this episode, an exclusive interview with Rebecca Dormon, former assistant regional director of the National Labor Relations Board (NLRB) Region 15, as she shares her story for the first time of election abuse in ballot elections conducted over the last year and a half. Rebecca tells host Tom Godar and Husch Blackwell attorney Megann McManus how she became a whistleblower, shines a light on the improprieties and irregularities corrupting mail ballot NLRB elections across the country, and explains how the revelation led to a broader investigation into how elections were conducted across the agency.After decades of service with the NLRB, specializing in conducting elections “by the manual,” Rebecca was compelled to take on the unenviable role of a whistleblower and ultimately move into the role of labor relations consultant to guide and train employers in NLRA compliance. Rebecca’s story sheds light on the concerns of private businesses regarding the NLRB’s role as a neutral agency in union organizing efforts. Join us for this first-hand, behind-the-scenes glimpse of agency action and a candid discussion of NLRB bias.

In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their discussion covers, among other items, how to deal with theatrics at the bargaining table, what to do when it looks like negotiations are getting stuck, and how do you bring bargaining to a close. There is art, science, and law involved in good-faith bargaining, and being prepared—long before seeing the union at the table—is the key to success. Veteran bargainers will be nodding their heads, and those new to the bargaining table will walk away with a whole new bag of tricks. Join us for part two of this practical episode of the Labor Law Insider podcast.

Our Labor Law Insiders tackle the tricky business of collective bargaining in parts one and two of this Labor Law Insider. Host Tom Godar shares the microphone with Husch Blackwell attorneys Jon Anderson and Adam Doerr who have spent countless hours with scores of unions locked into the process of collective bargaining. Listen to their insights on bargaining preparation, agreements between the parties as to the bargaining process, how to move past being “stuck” in the process. These Insiders offer insights on avoiding some of the real stumbling blocks of the bargaining process, while recognizing the possibility that even bargaining in good faith is no guarantee that strikes will never occur. Folks new to this process will be entertained and encouraged, and even bargaining table veterans will gain new insights. Join us for this practical episode of The Labor Law Insider podcast. 

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor practices. The Fifth Circuit overturned the Board’s Thryv decision and described the Board proposed remedies as “Draconian” and containing a “novel, consequential-damages-like labor law remedy” not generally available under the National Labor Relations Act. The Insiders also consider the aggressive remedies imposed by the Board in the Cemex case, mandating union recognition and issuing a bargaining order upon an employer whose unfair labor practice occurred in the course of a union campaign.  Listen to the practical discussion reviewing these developments and some takeaways that can help companies manage regulatory risk.

Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our discussion is Thryv, Inc. v. National Labor Relations Board, a recent case in which the Fifth Circuit Court of Appeals took up questions relating to a National Labor Relations Board (NLRB) order that sought to challenge and reverse a company’s unilateral layoffs during a bargaining impasse. The employer, a Yellow Pages advertising vendor, had properly and legally implemented its Last Best Final Offer (LBFO) protocols and instituted its workforce reduction per the LBFO, but the union charged it with unfair labor practices before the NLRB anyway. What ensued next was unusual, even for the Biden administration’s NLRB. The Board overruled its own administrative law judge (ALJ) when the ALJ returned only a partial victory in the Board’s in-house venue and slapped Thryv with what the circuit court later called “a novel, consequential-damages-like labor law remedy.”We explore what made the Board’s order noteworthy, why the circuit court ultimately dismantled most of it, and the likely future for so-called make-whole remedies.