Pittsburgh CLE Series – What’s New in ‘22: Labor Predictions and Changes to be on the Lookout For in the Coming Year

Historically, when political changes occur in Washington, the pendulum swings at the National Labor Relations Board (the Board). Now that President Biden’s NLRB is in place, both unionized and non-union employers should be aware of issues that the  Board has indicated will be hot buttons. Specifically, at last month’s American Bar Association Section of Labor and Employment Law Conference, NLRB General Counsel Jennifer Abruzzo provided greater detail on her views on employee rights under National Labor Relations Act (the Act) and her prosecutorial agenda. Her broad interpretation of what the Act protects and prohibits, paired with her resolve to impose harsher remedies for unfair labor practice violations, signal that employers need to be ready now for the Board’s enforcement of the Act in the coming years.  

Join us as we examine some of the anticipated labor law changes for 2022 and lay out proactive measures employers can take now to ensure compliance. Some of the issues that will be covered are:

• Section 7 of the Act gives 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. It is likely that the Board will apply a broader view on what activities the Act will protect, chiefly in areas involving the COVID-19 vaccine, social justice issues, and political protests.  
• The Board is likely to change course on enforcement actions concerning employer handbook rules, including confidentiality, non-disparagement, social media, media, communication, civility, respectful and professional manner, offensive language, and no camera rules. 
• The Board will likely attempt to expand the definition of an employee entitled to rights and protection under the Act by seeking to restrict who is considered an independent contractor.  

This program has been approved for HRCI and SHRM credit.

This program has been submitted for PA CLE.

If you have any questions, please contact Donna Kearney.