Foley & Lardner LLP partner Donald Schroeder is quoted in the Law360 article, “Hiring Gets New Scrutiny In NLRB Mozilla Complaint,” offering his perspective on the National Labor Relations Board (NLRB) complaint in a recent refusal-to-hire case.
“I don’t know where the limit is on how far the NLRB can go,” Schroeder commented. “I think this is the board testing the waters on exactly where the limit is.”
Schroeder noted that how far any initiatives can go may depend on the outcome of the 2024 presidential election, given how the NLRB has operated with a broad view of workers’ organizing rights and protections from retaliation. With the board’s long timeline, the case may still be pending if a more business-friendly appointee takes over at the Office of the General Counsel, he explained.
“The NLRB is trying to insert itself into a role as the HR department for an employer, and so that, I think, is a really significant concern for employers right now,” Schroeder said.