General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB. During Abruzzo’s remarks at the American Bar Association Section of Labor and Employment Law Conference last month, Abruzzo went beyond the guidance provided by her office in GC Memo 21-03 (concerning what constitutes protected activity under the National Labor Relations Act (the Act)), GC Memo 21-07 (concerning full remedies in settlement agreements), and GC Memo 12-08 (concerning whether student athletes enjoy statutory rights under the Act), and delineated in greater detail her expansive views on employee rights under the Act, and her prosecutorial agenda. Abruzzo’s broad interpretation of what the Act protects and prohibits, coupled with her intent to impose harsher remedies for unfair labor practice violations, mark trouble for private sector employers. Below is Akerman’s list of the top ten anticipated labor law changes in 2022 and steps employers can take to mitigate risk of appearing before the NLRB.
1. Educate/Train Your Managerial Workforce on How to Identify Protected Concerted Activity
Section 7 of the Act grants employees the right to engage in “protected concerted activities,” which is defined as concerted activities engaged in for the purpose of collective bargaining or other mutual aid or protection. Abruzzo has signaled that she will apply a very expansive view...
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