Posts tagged Jennifer Abruzzo
The Cyberpicket: A New Frontier for Labor Law
June 12, 2023 // a cyberpicket would alert potential customers to a labor dispute and put them to the choice of whether to continue transacting with the business. Instead of encountering rows of workers outfitted with signs and pamphlets, however, e-shoppers would come across a notification that materializes at a site’s landing page — the business’s “entrance.” The technology needed to implement a cyberpicket breaks no new ground. In fact, it’s already widely utilized by online businesses for compliance with the European Union’s (EU) “Cookie Law,” which requires that websites give visitors the right to refuse data tracking.14 So-called “consent banners” — now familiar fixtures for netizens across the pond15 — present a tried-and-true template for the cyberpicket. Not only is the cyberpicket a viable alternative to its in-person counterpart, it’s a right owed to employees of online businesses. This Note sharpens the concept of a cyberpicket by expanding on its legal justification, expected benefits, and possible challenges.
New report finds inequity before labor boards
June 5, 2023 // Between December 2015 and December 2022, fewer than 1% of individuals’ charges by federal employees against their union resulted in an enforcement action. Of the 1,211 cases brought by individuals in the seven-year-period, just 9 resulted in an FLRA complaint against the union. Two unions—the American Federation of Government Employees (AFGE) and National Treasury Employees Union (NTEU)—accounted for the overwhelming majority of charges filed by individuals. Of the 1,211 charges, 935 were filed against AFGE, and 108 were filed against NTEU. Fewer than 1% of individuals’ charges resulted in a settlement of some kind. Of the 1,211 cases brought by individuals, just 12 resulted in a private or bilateral settlement. Over 52% of individuals’ charges were dismissed. Of the 1,211 cases brought by individuals, 636 were dismissed in full; another 2 were dismissed in part. Over 45% of individuals’ charges were withdrawn by the individual at some point prior to a determination. Of the 1,211 cases brought by individuals, 552 were marked as withdrawn.
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