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. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.

Prior to his nomination and confirmation to the NLRB, Brian Hayes 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.

Learn more about Brian E. Hayes

Education

  • J.D., Georgetown University Law Center, 1974
  • B.A., magna cum laude, Boston College, 1971

Admittance to Practice

  • Massachusetts
  • District of Columbia

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 - "Panel Discussion: It’s Going to Be Huge! The Trump Administration and Employers" - San Diego - May 4, 2017
  • Ogletree Deakins Workplace Strategies Seminar - "The NLRB—The Discussion Continues" - San Diego - May 4, 2017
  • February 1, 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"
  • August 31, 2017 - Bloomberg BNA - "Labor Board Position on Employer Rules May Shift Very Soon"
  • August 30, 2017 - SHRM Online - "NLRB Update: Labor Relations Are in Transition This Labor Day"
  • May 24, 2017 - Bloomberg BNA - "Labor Board Funding Cut 6 Percent in Trump Budget Plan"
  • May 18, 2017 - Bloomberg BNA - "NLRB Counsel Has Significant Authority but Little Time"
  • July 15, 2016 - SHRM Online - "NLRB Decision Could Complicate ‘Mixed Unit’ Collective Bargaining"
  • March 1, 2016 - Bloomburg BNA - "NLRB Conducted More Elections in 2015, But Percentage of Union Wins Held Steady"
  • February 17, 2016 - Corporate Counsel - "Court: You Can’t Be Fired for Criticizing Your Boss’s Salary"
  • February 16, 2016 - Law360 - "Scalia's Death Keeps Public Union Fees Alive For Now"
  • February 14, 2016 - Law360 - "Death Of Scalia Leaves High Court Docket In Limbo"
  • February 3, 2016 - Law360 - "The High Court's Debate Over Fair Share Union Fees"
  • September 18, 2015 - Law360 - "3 Recent NLRB Rulings You May Have Missed"
  • July 30, 2015 - Law360 - "NLRB Court Wins Won't Quell Election Rule Challenges"
  • July 6, 2015 - Law360 - "NLRB Ruling Could Gum Up Employers' Workplace Probes"
  • June 2, 2015 - Law360 - "NLRB Win On 'Ambush Election Rule' Sets Up Future Fight"
  • April 14, 2015 - Law360 - "Employers Brace For Impact Of New NLRB Election Rule"
  • January 30, 2015 - SHRM.org - "Bill Would Add Sixth Member to NLRB"
  • December 22, 2014 - The Hill - "NLRB: Faculty at religious universities have right to unionize"
  • December 15, 2014 - The Hill - "Labor Board Gives Unions New Leverage to Organize Workers"
  • December 12, 2014 - Employment Law Daily - "NLRB News: 3-2 Board Issues Final 'Quickie Election' Rule on Representation-Case Procedures"
  • December 12, 2014 - Law360 - "NLRB Finalizes Rule to Streamline Union Election Process"
  • August 29, 2014 - Corporate Counsel - "NLRB Joint Employer Standard: Not Just for Franchises"
  • August 29, 2014 - SHRM.org - "Battle-Tested Big Labor Has Some Cause for Optimism"
  • August 13, 2014 - BNA Occupational Safety & Health Reporter - "Surge of OSHA Complaints Could Follow New NLRB Policy to Inform Workers of Rights"
  • June 27, 2014 - Corporate Counsel - "NLRB Decision Sends Labor Law Back to an Uncertain Future"
  • June 26, 2014 - Bloomburg BNA - "Justices Reject NLRB Recess Appointments And Mark Constraints on Presidential Power"
  • June 26, 2014 - Employment Law Daily - "U.S. President Obama’s recess appointments to NLRB declared unconstitutional"
  • June 26, 2014 - Inside Counsel - "Supreme Court decision invalidates NLRB recess appointments"
  • June 26, 2014 - JD Supra - "The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian Hayes"
  • June 26, 2014 - Law360 - "Lawyers Weigh In On High Court's Recess Appointment Ruling"
  • June 26, 2014 - Law360 - "Recess Appointment Ruling May Hinder NLRB Agenda"
  • June 26, 2014 - SHRM.org - "High Court Rules NLRB Appointments Unconstitutional"
  • June 26, 2014 - The Hill - "National labor board in cross hairs following Supreme Court ruling"
  • June 10, 2014 - The Hill - "Solitary, hard labor"
  • October 29, 2013 - Law360 - "'Chilling' Tales for Halloween From the NLRB"
  • September 27, 2013 - Inside Counsel - "Newly Confirmed Labor Board Faces Challenges As It Seeks to Extend Union Rights"
  • July 31, 2013 - Law360 - "6 Items On The New NLRB Agenda"
  • July 17, 2013 - Law360 - "NLRB Expected To Stay Pro-Labor With New Nominees"
  • May 16, 2013 - Employment Law Daily - "Former Board Member Hayes Speaks to Need for Reform of NLRA, NLRB"
  • May 2013 - InsideCounsel - "The Risks and Rewards of Social Media"
  • Best Lawyers Award Badge
  • The College of Labor and Employment Lawyers Logo
  • Fellow – The College of Labor and Employment Lawyers (2016)
  • Best Lawyers in America (2018-present)

Insights by Brian E. Hayes