The Labor Law Insider

Tom Godar
  • 3.4 (18)
  • Management
  • Updated Monthly

Tune into Husch Blackwell's Labor Law Insider Podcast with members of our labor and employment law team for conversations about recent and anticipated developments in laws and regulations that affect the workplace. Each episode will provide guidance on best practices and strategies that employers should implement as the environment for businesses in all sectors of the economy continues to evolve.

  1. Apr 23

    Momentum Shift from Union Friendly Continues at NLRB, Part 2

    In this episode, Labor Law Insider host Tom Godar, and his special guest, Adam Doerr, continue to explore the momentum shift away from the extreme interpretations of the Biden-appointed National Labor Relation Board. In part 1, published earlier in April, the focus was on recent decisions of the Board, limiting the reach of the interpretation of authority imposed in decisions such as Thryv. Adam and Tom continue to offer play-by-play comments in part 2 of this podcast as they discuss the Courts of Appeal whistling fouls committed by the previous Board as it sought to rewrite the rules of the game. In Brown-Forman Corp v. NLRB, the Court of Appeals for the 6th Circuit rolled back the clock to the long-standing Gissel standard, limiting the Board’s authority to issue bargaining orders without an election or after a loss of an election by a union. It found that the Board lacked authority to create this new policy through a decision rather than rulemaking. Likewise, the Court of Appeals for the 5th Circuit rejected the broad interpretations of possible damages for committing an Unfair Labor Practice under the prior Board’s Thryv decision, ruling in Hiran Management v. NLRB that the broad remedies under that Board decision were “beyond the text of the NLRA.” Our insiders offer post-game analysis that the momentum shift will not only change the interpretation of the NLRA but will also change ways in which employers craft and interpret policies, and generally provide much greater freedom in applying supervisory oversight for their employees. Join us for part 2 of the Labor Law Insider.

    13 min

  2. Apr 7

    Momentum Shift from Union Friendly Continues at NLRB, Part 1

    There seemed to be another type of madness going on this past month. NLRB called a foul on Jireh Plumbing as it tried to block imposition of a union without an election, ignoring historic precedent established by the Cemex decision. Join host Tom Godar and all-star guest Adam Doerr as they explore recent board decisions which continue NLRB’s shift back in favor of Team Employer. Part 1 leans into the recent board rulings, and part 2, which will be published later this month, follows Courts of Appeals as they also block the Biden-board fast break to new and union friendly interpretations of labor law. Relevant NLRB Decisions: Jireh Plumbing, LLC St. John’s College

    16 min

  3. Feb 16

    NLRB Changes in 2026: People and Policy, Part 2

    Join Labor Law Insider host Tom Godar and his special guest, Insider veteran Terry Potter, as they move into part 2 of their discussion of changes in people and policy at the National Labor Relations Board. This show highlights the new interpretations of the National Labor Relations Act (Act) that are emerging under the Trump era NLRB, and offers solid advice about crafting workplace policies and training of supervisors to engage employees and avoid pitfalls. Terry also shares his insights on union abuse of social media to influence employees and joins Tom in suggesting transparency in communicating employer economic and workplace issues. Don’t miss the conclusion of this timely discussion about labor law issues in 2026 and beyond.

    20 min

  4. Jan 28

    NLRB Changes in 2026: People and Policy, Part 1

    Now that the NLRB has reached a quorum and appointed a new General Counsel, Labor Law Insider host Tom Godar sits down for a timely conversation with Insider veteran, Terry Potter. Terry’s experience as a former NLRB attorney and his decades in private practice guiding employers make this a must-listen episode. The new Board will change the way it tackles issues of union elections, remedies for unfair labor practices, and the scope and analysis of activities to be protected under the National Labor Relations Act.  Recent changes, including President Trump’s appointment of an Acting General Counsel who has withdrawn certain advice memoranda and added interpretive declarations, signal that the Board will continue to move in a management-friendly direction in the coming years.  In part 1 of the podcast Tom and Terry discuss the new appointments, explore the changes in interpretation, and the probable impact upon employers, labor unions, and employees. Part 2 will continue this insightful analysis and offer options for employers as they navigate the ever-evolving world of labor law.

    18 min

  5. Jan 8

    Servant Leadership to Grow a Business with Engaged Employees, Part 2

    As we welcome the new year, host Tom Godar continues his discussion with Elizabeth Filter, CEO of VARC Inc., as she shares insights from her experience as a servant-leader. Her journey of successfully growing an enterprise that has focused on creating opportunities for people with disabilities while meeting the exacting demands of manufacturers is an inspiring story. Liz offers an overview of her role as a CEO in empowering and engaging her staff and communicating opportunities and challenges to the thousand-plus employees who participate in this mission driven business. The discussion highlights how well-designed policies can create opportunities for individuals to make decisions independently and effectively. Liz explains how valuing her employees creates an environment for growth for employees and growth for VARC.  Join this discussion as Tom asks Liz how fostering a positive employment environment not only creates success but diminishes opportunities and incentives for employees to either leave or challenge the enterprise through legal proceedings. This capstone of the discussion is an amazing episode of the Labor Law Insider.

    17 min

  6. 12/19/2025

    Servant Leadership to Grow a Business with Engaged Employees, Part 1

    Host Tom Godar is delighted to welcome Elizabeth Filter, CEO of VARC, Inc., to the Labor Law Insider podcast for a two-part discussion on expanding a business in an increasingly challenging environment. In this special episode, Liz, best described as a servant leader, explains how creating a responsive, resilient, and respectful culture can drive organizational and individual success. She shines a light on fostering a culture focused primarily on candidate and employee character. Liz has steered the VARC team through a decade of growth and diversification in a business beset with market retrenchment. She shares how retooling the hiring and onboarding process, and reframing the real role of employees, are key to empowering employees to fulfill VARC’s mission of providing those with disabilities and life challenges “personalized client services to help individuals experience their community…[and] make every day count…” In Part 2 of this discussion, Tom and Liz will explore how proactive communication and clear employer expectations align her staff. As a result, the likelihood that employees will turn to third parties or mount legal challenges to resolve workplace issues is greatly diminished. Join us for this amazing episode of the Labor Law Insider.

    24 min

  7. 10/02/2025

    Feds Retreat and States Advance: A Look at Restrictive Covenants under the Second Trump Administration and Trends at the State Level, Part II

    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 Resources Barbara Grandjean, Wendy Arends, Courtney Steelman, and Chengzhuo He. “FTC Abandons 2024 Non-Compete Rule, Signals Priority in Non-Compete Enforcement Actions,” September 16, 2025.

    25 min

  8. 09/10/2025

    Feds Retreat and States Advance: A Look at Restrictive Covenants Under the Second Trump Administration and Trends at the State Level, Part I

    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 Resources National Labor Relations Board, Universal Automation & Mechanical Services, 01-CA-300935 (case-closing email)

    20 min
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About

Tune into Husch Blackwell's Labor Law Insider Podcast with members of our labor and employment law team for conversations about recent and anticipated developments in laws and regulations that affect the workplace. Each episode will provide guidance on best practices and strategies that employers should implement as the environment for businesses in all sectors of the economy continues to evolve.

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