2022 NLRB Investigations: Bargaining Units, Independent Contractors, Handbooks, Captive Audiences, Arbitration

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, July 13, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will focus on the growing enforcement activities by the National Labor Relations Board (NLRB) under the Biden administration. The panel will address how the recent successful certifications of unions by Amazon and Starbucks employees have increased scrutiny of businesses with organizing employees. The panel will discuss the NLRB's new standards for determining bargaining units and independent contractor status, evaluating lawful employment policies and handbooks, and what constitutes captive audiences.
Faculty

Concentrating in the area of employment and labor law and litigation for nearly 30 years, Ms. Yerger has amassed a wide range of knowledge and abilities to effectively advise both public and private-sector clients in state and federal courts in addition to administrative matters before the EEOC, PHRC, PLRB, and NLRB. She has developed extensive experience handling complex litigation arising from workplace disputes including sexual and racial harassment; age, race, gender, religion and disability discrimination, wrongful discharge, retaliation, and other claims under Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Family and Medical Leave Act; and the Pennsylvania Wage Payment and Collection Law. Ms. Yerger has experience drafting and reviewing employment contracts, non-compete agreements, and separation/severance agreements. She routinely handles litigation in the federal district court in the Middle District of Pennsylvania and has litigated commercial disputes, licensing issues, regulatory concerns and employment-related matters.

Mr. Funk represents and advises management on labor and employment issues in both union and non-union settings. He brings to the table eight years of experience as a field examiner and field attorney with the National Labor Relations Board (NLRB). Mr. Funk’s years of experience at the NLRB benefit clients when he tackles thorny traditional labor law matters such as union organizing campaigns, representation proceedings, collective bargaining, union jurisdictional disputes, picketing and strike activity, and Unfair Labor Practice proceedings. He understands the agency’s policies, practices and procedures.
Description
In 2021, the NLRB shifted from a Republican-appointed majority to a Democratic-appointed majority and issued statements on enforcing and defining labor standards and compliance.
The NLRB has expressed that it intends to be more pro-employee and will be examining the standard for determining an appropriate bargaining unit and independent contractor status. Likewise, the NLRB will review and evaluate work rules and handbooks for lawfulness.
The Board also issued a memo stating that employer captive audience meetings are unlawful. The current NLRB would change decades of precedent that allowed employers to express their opinions on unions during mandatory, paid meetings.
Listen as our expert panel discusses the current issues of NLRB enforcement, what are lessons from the Starbucks and Amazon union movements, and what employers should expect in employment regulation in the Biden administration.
Outline
- Recent NLRB activity
- Proposed NLRB rule reinstatement/proposals
- Bargaining units
- Independent contractor status
- Captive audience
- Amazon and Starbucks union movements
- Best practices for union and non-union employers
- Anticipated NLRB future action
Benefits
The panel will discuss these and other key issues:
- What NLRB rules have been reinstated, and which practices are the most likely to be reinstated/proposed under the Biden administration?
- How enforceable is the captive audience memo?
- How will the Amazon and Starbucks union movements affect labor organizations overall?
- What steps should non-union and union employers anticipate to maintain NLRA compliance?
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