As featured in #WorkforceWednesday: This week, we’re showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law permitting Illinois employees to take paid leave “for any reason,” and New Jersey’s upcoming implementation of the “Temporary Workers’ Bill of Rights.”
Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or “Board”) released guidance outlining her views on the decision’s implications and meaning in Memorandum GC 23-05 on March 22, 2023. The GC’s Memo contains an FAQ in response to inquiries the NLRB has received about the McLaren Macomb decision and outlines Abruzzo’s plans for enforcement of the decision.
As featured in #WorkforceWednesday: This week, we’re highlighting the National Labor Relations Board’s (NLRB’s) crackdown on confidentiality and non-disparagement provisions in severance agreements, a U.S. Supreme Court decision opening overtime to high-earning daily-rate workers, and a U.S. Court of Appeals for the Ninth Circuit decision in favor of mandatory arbitration in California.
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find electronic monitoring and automated or algorithmic management practices illegal if such monitoring or management practices interfere with protected activities under Section 7 of the National Labor Relations Act (“Act”). The Board’s General Counsel stated in the Memorandum that “[c]lose, constant surveillance and management through electronic means threaten employees’ basic ability to exercise their rights,” and urged the Board to find that an employer violates the Act where the employer’s electronic monitoring and management practices, when viewed as a whole, would tend to “interfere with or prevent a reasonable employee from engaging in activity protected by the Act.” Given that position, it appears that the General Counsel believes that nearly all electronic monitoring and automated or algorithmic management practices violate the Act.
Continue Reading NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory Trends
As featured in #WorkforceWednesday: This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California.
Continue Reading Video: The Union-Friendly Biden NLRB, California’s FAST Act, and Pay Transparency in California – Employment Law This Week
As featured in #WorkforceWednesday: This week, we examine the enforcement risks employers could face in the complex, state-by-state landscape of abortion law after Roe v. Wade.
Continue Reading Video: Enforcement Risk Post-Roe, 11th State Passes Paid Family and Medical Leave, FTC/NLRB Join Forces – Employment Law This Week
As featured in #WorkforceWednesday: This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels.
Continue Reading Video: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes – Employment Law This Week
As featured in #WorkforceWednesday: This week, we update you on two major developments from the National Labor Relations Board (“NLRB” or “Board”) and this year’s abridged timeline to submit EEO-1 data.
Continue Reading Video: NLRB Updates, Quick EEO-1 Deadline – Employment Law This Week
As featured in #WorkforceWednesday: This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022.
Continue Reading Video: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud – Employment Law This Week
November 17, 2021, the Department of Labor (“DOL”), National Labor Relations Board (“NLRB”), and Equal Employment Opportunity Commission (“EEOC”) conducted a webinar on Ending Retaliation and Promoting Workers Rights. The webinar is the first component of a “Joint Initiative” devoted to “vigorous enforcement” of laws against retaliation, through closer inter-agency cooperation. The webinar was moderated by EEOC Regional Director Robert Canino and involved over 90 minutes of detailed remarks from Solicitor of Labor Seema Nanda, NLRB General Counsel Jennifer Abruzzo, EEOC Chair Charlotte Burrows and Acting DOL Wage and Hour Division Director Jessica Looman.
Continue Reading Joint Initiative of Ending Retaliation and Promoting Workers’ Rights Promises More Aggressive Enforcement of Federal Anti-Retaliation Laws