Brian E. Hayes

Shareholder Washington D.C.

Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board.  He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. Prior to his nomination and confirmation to the NLRB he served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions.  He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters.  While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation.  Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.

Professional Activities and Speeches


  • Labor and Employment Counsel Exclusive - ''The New NLRB: Is Change Here . . . or on the Way?'' - Boca Raton - November 10, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''The NLRB—The Discussion Continues'' - San Diego - May 04, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Panel Discussion: It’s Going to Be Huge! The Trump Administration and Employers'' - San Diego - May 04, 2017

Published Works


Our Insights


Media Quotes

February 01, 2018 - Law360 - "Columbia Appeal May Slow Grad Student Bargaining To A Crawl"
September 29, 2017 - Law360 - "5 Obama-Era NLRB Moves That Could Get The Ax"
September 13, 2017 - Law360 - "Weingarten Memo Highlights NLRB’s Willingness To Flip-Flop"