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On Wednesday, National Labor Relations Board nominee Lauren McFerran – who previously sat on the NLRB for five years – will rejoin the labor board as its only Democrat, after the U.S. Senate on Wednesday confirmed her and current Republican board member Marvin Kaplan for new terms.

McFerran will occupy one of two open Democratic seats on the five-member labor board. She left the NLRB in December and was renominated by President Trump a short time later. The Senate voted 53-42 to return her to the labor board. 

Traditionally, three board seats are held by members of the president's political party, while two seats are reserved for members of the minority party. The board's two other Republican seats are currently held by NLRB chairman John Ring and Member Bill Emanuel. The second Democratic seat is vacant with no nominee pending. 

McFerran's new term will expire in December 2024, and Kaplan's tenure will run out in August 2025.

In the year-plus of her previous term, McFerran wrote opinions dissenting from a number of the more controversial decisions and regulatory initiatives made by the board's Republican majority, including the board's legal frameworks for assessing joint employment and worker misclassification.

COUNSEL TO MANAGEMENT:

If you have any questions about how the recent changes to NLRB rules and policies affect your business, contact the experts at the Saqui Law Group, a division of Dowling Aaron Incorporated.

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