Today’s political and economic climate has set the stage for the biggest changes to federal labor law in decades. High on the Democratic and Union agenda is the Employee Free Choice Act (EFCA), which contains proposed amendments to the National Labor Relations Act (NLRA). EFCA will likely fundamentally alter the way unions are certified as the exclusive representative of employees, the negotiation of first contracts between newly certified unions and employers, and employers’ potential financial liability for violations of the NLRA. There will undoubtedly be compromises in the final legislation, but employers need to prepare for these changes now.