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 #WorkforceWednesdayThis 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 #WorkforceWednesdayThis 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

As featured in #WorkforceWednesday:  This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship.

Employers Prepare for Biden’s Expansive Vaccine Mandate

The full impact of President Biden’s COVID-19 action plan is sinking in for

President Biden’s $6 trillion 2022 budget proposal focuses on worker protections—including the American Jobs Plan and the American Families Plan. Both of these plans contain labor and numerous employment initiatives. The budget proposes increased funding for the Department of Labor (“DOL”), the Equal Employment Opportunity Commission (“EEOC”), and the National Labor Relations Board (“NLRB” or

As featured in #WorkforceWednesday:  This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.

In this episode, Glenn Spencer, Senior Vice President of the Employment Policy Division at the U.S. Chamber of