Acting National Labor Relations Board general counsel William Cowen has loosened requirements for board officials to approve settlements of unfair labor practice allegations, reversing course from his predecessor's approach in a memo that experts said will likely ease deal negotiations.
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Daniel Sobol, a partner at Blank Rome LLP who represents employers, said allowing nonadmissions clauses to be included in settlements should further grease the wheels in negotiations because not admitting fault is part of the bargain a party gets when deciding to settle instead of contesting the case against them. The clauses are common in other types of settlements, Sobol said, and excluding them in labor settlements can be discouraging to some employers.
"To not allow that statement to be there, you're admitting it by admission," Sobol said.
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"Employers Expect NLRB Gc Memo to Ease Settlement Talks," by Tim Ryan was published in Law360 Employment Authority on May 19, 2025.
