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Ken Sparks

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Kenneth F. Sparks is a Shareholder with over 25 years of experience in labor and employment matters.
He represents and advises private and public employers across a broad range of industries, with extensive experience working with health care organizations, in complicated labor law and litigation matters nationwide.

On February 3, 2025, President Trump appointed William B. Cowen as Acting General Counsel for the National Labor Relations Board (NLRB). Cowen has previously served in a variety of roles throughout the agency, including most recently as Regional Director for the Los Angeles Regional Office and previously as the NLRB’s Solicitor and an NLRB member. Cowen fills the role left vacant by President Trump’s firings of both Jennifer Abruzzo, the NLRB General Counsel appointed by President Biden, and Jessica Rutter, who served as Abruzzo’s Deputy General Counsel and took over as Acting General Counsel when Abruzzo was fired.Continue Reading Acting NLRB General Counsel Pulls Back Memoranda

Late on Monday, January 27, President Trump said “you’re fired” to two key National Labor Relations Board (NLRB) officials. The dismissal of NLRB General Counsel Jennifer Abruzzo was widely expected and follows precedent set by President Biden when he fired Peter Robb, the NLRB General Counsel installed during the first Trump administration, on his first day in office. President Biden’s termination of Robb was upheld by various federal circuit courts. See Rieth-Riley Constr. Co. v. NLRB, 114 F.4th 519 (6th Cir. 2024) (holding the president can remove the NLRB General Counsel at will).Continue Reading Trump Tests Limits of Authority to Shape National Labor Relations Board

Today, in perhaps the most significant change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB” or “Board”) announced a new framework that determines when employers are required to recognize and bargain with a union upon demand, without a representation election. Continue Reading Unionization Upon Demand:NLRB Announces Most Significant Change to Labor Law in 50 Years

The National Labor Relations Board (“NLRB”) on Monday concluded that employers, absent special circumstances, can no longer enforce neutral uniform or company shirt policies in a manner that  “in any way” prohibits employees from wearing union shirts, hats or other union clothing. In a split decision applying this rule, the NLRB found that the National Labor Relations Act was violated when an employer required employees to wear company t-shirts or all black clothing in its manufacturing facilities in a manner that prohibited them from wearing union shirts.  Tesla, Inc., 371 NLRB No. 131 (Aug. 29, 2022).Continue Reading NLRB Rules Neutral Uniform Policy Improperly Restricts Pro-Union Attire