The National Labor Relations Board doesn't often get mixed up in notice-and-comment rulemaking—instead using cases to set workplace standards companies must follow.

The board's swings between presidential administrations make it hard to advise clients, said Steven Suflas, managing partner of Ballard Spahr's Denver and Boulder, Colorado, offices.

"The board swung wildly one direction, and now maybe the new board will swing even more. At the end of the day, I can't make promises either way," said Suflas.

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