Posts tagged Jennifer Abruzzo
Noncompete clauses ‘chill’ worker rights and are usually illegal, NLRB lawyer says
May 31, 2023 // General Counsel Jennifer Abruzzo, appointed by Biden in 2021, wrote that noncompete clauses — which generally prevent people from immediately moving to one of their employer's rivals — "tend to chill" workers' rights under federal law, specifically Section 7 of the National Labor Relations Act, which protects the ability to collectively organize and agitate for improved working conditions. A person barred from moving to another company in their chosen profession, at least for a set amount of time, is less likely to fight for change at their current employer, Abruzzo argued in the memo, issued Tuesday, knowing that could well make them a target for termination; employers likewise have little reason to fear that disgruntled workers will be snatched up by a competitor, thus reducing the latter's bargaining power.
GOP Lawmaker Introduces Bill to Curb Labor-Relations Board’s Authority over Small Businesses
May 18, 2023 // “Labor law is woefully out of date. The Small Businesses Before Bureaucrats Act brings much needed updates to the jurisdictional standards that would benefit small employers. Congressman Good is simply bringing those standards in line with what Congress originally intended. Small businesses do not have and should not need an army of lawyers and HR professionals to comply with the NLRB’s increasingly aggressive regulatory agenda. Congressman Good should be applauded for his efforts to protect mom and pop shop businesses and other job creators.” – F. Vincent Vernuccio , President, Institute for the American Worker
Employee Rights Act Is Back
April 25, 2023 //
U.S. workers are filing more unfair labor practice complaints
April 12, 2023 // The uptick means it’s taking the National Labor Relations Board longer to process charges, said general counsel Jennifer Abruzzo. “We are woefully understaffed,” she said. “And the result of that is that the service to the public does suffer.” That’s even after the NLRB got its first funding boost in nearly a decade last year. If the Biden administration gets its way, the agency could be in line for an even larger increase next year.
NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively
March 23, 2023 // National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. In the memorandum, the GC states that she interprets the decision to apply to agreements already signed and that claims would not be time-barred as long as an employer maintains or enforces such terms. In McLaren Macomb, the Board found that conditioning severance agreements on the acceptance of nondisparagement and confidentiality terms and the mere proffer of such terms are unlawful because they restrict workers’ rights under the National Labor Relations Act (NLRA). Open questions following the Board’s decision included what exactly it means for the use of separation agreements and whether the decision will be applied retroactively to agreements that already contain such terms. Abruzzo’s new memorandum offered further guidance on her interpretation of the impact of the decision that employers may want to consider in drafting and enforcing separation agreements. Here are some key points of the memorandum.
ABC MICHIGAN V. ABRUZZO
March 17, 2023 // Soon after taking her new job, Abruzzo issued a memo announcing that the NLRB will now consider it illegal for employers to talk to employees about unions at mandatory meetings
What NLRB’s New Collaboration with Consumer Financial Agency Means for Gig Economy Businesses
March 10, 2023 // If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB) announced on Tuesday that it’s joining forces with the Consumer Financial Protection Bureau (CFPB) to address potential misconduct regarding workplace surveillance, monitoring, data collection, and employer-driven debt. The agencies said they will share information to enhance their enforcement efforts and better protect workers in the gig economy and other labor markets from harmful financial practices. What do you need to know about the new Memorandum of Understanding and its impact on the workplace?
The State of the Union: Unpacking the Recent Rise in Labor Unionization
January 20, 2023 // Considering unions’ historical role in curbing disproportionate corporate profits and inequality, it makes sense that the NLRB reported a 57% jump in union representation petitions and 14% more complaints of unfair labor practices in the first half of 2022. In the current moment, it seems that workers are turning to unionization as a means of righting the wrongs of corporate inequality. But this push for unions, while having recently enjoyed a burst of momentum, has been a long time coming. Public support for unions stands at 71%, up from 48% in 2010 and at its highest since 1965, according to a recent Gallup poll. Organizers are also being buoyed by a political environment conducive to labor organizing. President Biden has taken decidedly pro-union stances since entering office, replacing Trump’s pro-business and anti-labor NLRB general counsel with former union attorney Jennifer Abruzzo and backing the PRO Act, which would simplify the process of unionizing. It also helps that unions have evaded the extreme partisanship that has swamped most other issues in contemporary politics: While Democrats are twice as likely to view unions favorably compared to Republicans, almost half of Republicans still say that they would approve of unionization in their workplaces.