By: Jennifer L. Mora and Cary Burke
On October 31, 2022, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 23-02, wherein the General Counsel announced her intention to “protect employees” from what she describes as “intrusive or abusive” and “omnipresent” electronic monitoring and algorithmic-driven management practices that
By: Cary R. Burke and Olivia Jenkins
On October 20, 2022, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo issued Memorandum GC 23-01, which instructs the Regions to “routinely attempt to obtain full interim relief” when seeking injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”). For context
By: Jamie R. Rich and Abigail D. Skinner
Seyfarth Synopsis: On February 24, 2022, the National Labor Relations Board, Equal Employment Opportunity Commission, and Department of Labor hosted a webinar identifying their intent to ramp up prosecution of employers. The federal agencies are working together to specifically target employer retaliation against employees in an effort
By: Molly Gabel and Kyllan Kershaw
NLRB General Counsel Jennifer Abruzzo broadened the type of cases in which the NLRB will seek federal injunction proceedings through her General Counsel Memorandum 22-02 (Feb. 1, 2022), which issued earlier today. Section 10(j) of the NLRA, 29 U.S.C. § 160(j), enables the General Counsel to seek injunctive relief
By: Jennifer L. Mora
As previously reported here, on August 12, 2021, the National Labor Relations Board’s top lawyer, General Counsel Jennifer Abruzzo, issued a memorandum instructing regional offices to send cases relating to certain issues to her office for consideration. The GC’s memorandum highlighted more than 40 Trump-era decisions that are up for
By: Jennifer L. Mora and Jeffrey A. Berman
With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several dissents that provided a window into what the future would look
By: Jennifer L. Mora and Jeffrey A. Berman
The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth in a multi-part series discussing how Chairman McFerran’s dissents are likely to
By: Jennifer L. Mora and Jeffrey A. Berman
Once again, the National Labor Relations Board’s sole Democrat, Chairman McFerran, has issued a dissent that sheds light on how a Biden-Board likely will reverse precedent established by the Trump-Board. This update is our third in a multi-part series discussing how Chairman McFerran’s dissents are likely to
In this podcast episode, Ashley Cano, Partner in the Labor and Employment department of Seyfarth’s Chicago office, and John Phillips, Senior Associate in the firm’s Houston office, discuss the National Labor Relations Board’s changing view of the scope of protected concerted activity.
With a new Acting General Counsel in charge at the
By: Jennifer L. Mora and Jeffrey A. Berman
As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like under a Biden Board. This blog is another in a multi-part series discussing how