Renee McKinney Named Regional Attorney in Region 6-Pittsburgh

July 21, 2022 Today, National Labor Relations Board General Counsel Jennifer A. Abruzzo announced the appointment of Renee McKinney as the Regional Attorney of the NLRB Region 6-Pittsburgh. In her new position, Ms. McKinney will assist Regional Director Nancy Wilson in the administration and enforcement of the National Labor Relations Act in parts of Maryland, Pennsylvania, Virginia, and West Virginia. Ms. McKinney, a Detroit, Michigan native, graduated with a Bachelor of Arts degree in History and a Master of Library and Information Studies degree with a concentration in Archives and Records Management from the University of Michigan. She earned a Juris Doctor degree with a certificate in Labor and Employment Law from the Illinois Institute of Technology Chicago-Kent College of Law. Ms. McKinney began her career at the Board as an Honors Attorney in Headquarters in 2008. She subsequently worked as an attorney in the Appellate and Supreme Court Litigation Branch , Region 13 in Chicago, and Region 7 in Detroit. In 2021, Ms. McKinney was selected for a Supervisory Attorney position in Region 6 in Pittsburgh. For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

Julie Kaufman Named Regional Attorney in NLRB Region 22-Newark

July 21, 2022 Today, National Labor Relations Board General Counsel Jennifer A. Abruzzo announced the appointment of Julie Kaufman as the Regional Attorney of the NLRB Region 22-Newark, New Jersey. In her new position, Ms. Kaufman will assist Regional Director Suzanne Sullivan in the administration and enforcement of the National Labor Relations Act in parts of New Jersey. Originally from Glen Cove, New York, Ms. Kaufman graduated in 1985 from Vassar College with a Bachelor of Arts degree in Political Economics and History. In 1988, she received a Juris Doctor from the State University of New York at Buffalo School of Law. That same year, Ms. Kaufman began her career with the Agency as a Field Attorney in Region 22. She was promoted to Deputy Regional Attorney in 2009. For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

Meda v. Autozone - filed July 19, 2022, Second District, Div. Three

Where an employer has not expressly advised its employees that they may use a seat during their work and has not provided a seat at a workstation, the inquiry as to whether an employer has provided suitable seating may be fact-intensive and may involve a multitude of job and workplace-specific factors which may not be amenable to resolution by a motion for summary judgment. Meda v. Autozone - filed July 19, 2022, Second District, Div. Three Cite as 2022 S.O.S. 3119 For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

Evenskaas v. California Transit - filed July 15, 2022, Second District, Div. Seven

Constitutional Law Paratransit services involve interstate commerce for purposes of the Federal Arbitration Act. Evenskaas v. California Transit - filed July 15, 2022, Second District, Div. Seven Cite as 2022 S.O.S. 3084

National Labor Relations Board and Federal Trade Commission Forge New Partnership to Protect Workers from Anticompetitive and Unfair Labor Practices

National Labor Relations Board and Federal Trade Commission Forge New Partnership to Protect Workers from Anticompetitive and Unfair Labor Practices 07/19/2022 11:16 AM EDT July 19, 2022 Today, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo and Federal Trade Commission (FTC) Chair Lina M. Khan executed a Memorandum of Understanding (MOU) forming a partnership between the agencies that will promote fair competition and advance workers’ rights. The agreement enables the NLRB and FTC to closely collaborate by sharing information, conducting cross-training for staff at each agency, and partnering on investigative efforts within each agency’s authority. The MOU identifies areas of mutual interest for the two agencies, including: labor market developments relating to the “gig economy” such as misclassification of workers and algorithmic decision-making; the imposition of one-sided and restrictive contract provisions, such as noncompete and nondisclosure provisions; the extent and impact of labor market concentration; and the ability of workers to act collectively. “Workers in this country have the right under federal law to act collectively to improve their working conditions. When businesses interfere with those rights, either through unfair labor practices, or anti-competitive conduct, it hurts our entire nation,” said NLRB General Counsel Jennifer A. Abruzzo. “This MOU is critical to advancing a whole of government approach to combating unlawful conduct that harms workers.” “We’re committed to using all the tools at our disposal to promote free and fair labor markets in which companies must compete with each other to attract and retain workers,” said FTC Chair Lina M. Khan. “This agreement will help advance our mission to crack down on anticompetitive mergers and unfair practices that deny workers and their families the pay, benefits, and conditions they deserve.” The NLRB also recently joined the FTC’s Consumer Sentinel Network (CSN) . CSN is an investigative online tool and complaint database for law enforcement agencies. It contains millions of consumer complaints about scams, identity theft, Do Not Call Registry violations, and more. In February, General Counsel Abruzzo issued a memorandum to all field offices, committing to working closely with other federal agencies to fully effectuate the mission of the National Labor Relations Act (NLRA) and take action on interagency collaborations outlined in the White House Task Force on Worker Organizing and Empowerment report. For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

Correction: First Three Quarters' Union Election Petitions Up 58%, Exceeding All FY21 Petitions Filed

Correction: First Three Quarters' Union Election Petitions Up 58%, Exceeding All FY21 Petitions Filed 07/15/2022 04:16 PM EDT July 15, 2022 ** The NLRB’s July 13th press release used an incorrect date range from which the data was calculated. The increase in union election petitions has been revised from 56% to 58%. The increase in unfair labor practice charges has been revised from 14.5% to 16%. ** During the first nine months of Fiscal Year 2022 (October 1–June 30), union representation petitions filed at the NLRB have increased 58%—up to 1,892 from 1,197 during the first three quarters of FY2021. By May 25, FY2022 petitions exceeded the total number of petitions filed in all of FY2021. At the same time, unfair labor practice charges have increased 16%—from 11,082 to 12,819. A representation petition is filed by employees, unions, or employers with an NLRB Field Office to have the NLRB conduct an election to determine if employees wish to be represented by a union. The Field Office investigates the petitions and, if meritorious, conducts an election to allow employees to decide whether or not they wish to be represented by a union. An unfair labor practice charge is filed by any member of the public with an NLRB Field Office if they believe an employer or union has violated the National Labor Relations Act. The Field Office will then investigate the charge and issue a complaint, absent settlement, if the Regional Director determines the charge has merit. The increase in cases comes during a period of critical funding and staffing shortages for the Agency. The NLRB has received the same Congressional appropriation of $274.2 million for nine consecutive years as costs have risen. Adjusting for inflation, the Agency’s budget has decreased 25% since FY2010. Overall Agency staffing levels have dropped 39% since FY2002 and field staffing has shrunk by 50%. The President’s Budget for FY2023 requested $319.4 million for the NLRB, a 16% budget increase. “The NLRB is processing the most cases it has seen in years with the lowest staffing levels in the past six decades. Our dedicated staff, especially in our 48 field offices, are handling unsustainable caseloads. The Agency urgently needs more resources to process petitions and conduct elections, investigate unfair labor practice charges, and obtain full remedies for workers whose labor rights have been violated,” said NLRB General Counsel Jennifer Abruzzo. “We need Congress to help us restore the capacity that we have lost after years of underfunding.” For more information, please contact us at: http://www.beverlyhillsemploymentlaw.com/

Region 28 Wins Injunction Against Arizona Cannabis Dispensary, Ordering Reinstatement of Fired Union Supporter and a Stop to Threats, Promises, and the Impression of Surveillance

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. Region 28 Wins Injunction Against Arizona Cannabis Dispensary, Ordering Reinstatement of Fired Union Supporter and a Stop to Threats, Promises, and the Impression of Surveillance 07/01/2022 10:02 AM EDT July 01, 2022 Phoenix, Arizona — On June 23, 2022, Judge G. Murray Snow of the United States District Court for the District of Arizona issued an injunction requiring Gilbert, Arizona cannabis dispensary Absolute Healthcare d/b/a Curaleaf Arizona (Curaleaf) to reinstate a fired union supporter. The injunction also enjoins Curaleaf from threatening employees with losing their tips if they form a union, promising employees benefits if they don’t join a union, and creating an impression that employees’ union activities are being kept under surveillance. It requires Curaleaf to post the court’s order at its store and convene a meeting in which the order will be read to its employees by a Curaleaf manager or NLRB official. The injunction was issued based on a petition for temporary injunctive relief filed by Cornele A. Overstreet, Regional Director of Region 28 of the National Labor Relations Board (NLRB), on behalf of the NLRB. Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek injunctions against employers and unions in federal district courts to stop unfair labor practices where, due to the passage of time, the normal Board processes are likely to be inadequate to effectively remedy the alleged violations. The petition alleged that Curaleaf unlawfully fired the employee leader of a campaign among its employees to secure union representation by United Food and Commercial Workers, Local 99 (UFCW, Local 99) and that Curaleaf made statements that coerced its employees in exercising their right to organize a union. The petition alleged that injunctive relief was necessary to prevent irreparable harm to Curaleaf’s employees’ right to organize a union. The granted relief will remain in effect during the pendency of administrative proceedings before the NLRB. In those proceedings, an administrative law judge has issued a decision finding that Curaleaf engaged in the unfair labor practices alleged. Curaleaf has filed exceptions to the administrative law judge’s decision, which remain pending before the NLRB. “Workers have a right to form a union without fear of retaliation or coercion,” said Regional Director Overstreet. “Judge Snow’s injunction will protect that right while the NLRB considers whether to uphold the administrative law judge’s decision.” Field Attorney Judith E. Dávila of NLRB’s Region 28 represented Regional Director Overstreet in the Section 10(j) proceedings before Judge Snow. For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

First Three Quarters' Union Election Petitions Up 56%, Exceeding All FY21 Petitions Filed

First Three Quarters' Union Election Petitions Up 56%, Exceeding All FY21 Petitions Filed 07/13/2022 10:09 AM EDT July 13, 2022 During the first nine months of Fiscal Year 2022 (October 1–June 30), union representation petitions filed at the NLRB have increased 56%—up to 1,935 from 1,240 during the first three quarters of FY2021. By May 25, FY2022 petitions exceeded the total number of petitions filed in all of FY2021. At the same time, unfair labor practice charges have increased 14.5%—from 11,451 to 13,106. A representation petition is filed by employees, unions, or employers with an NLRB Field Office to have the NLRB conduct an election to determine if employees wish to be represented by a union. The Field Office investigates the petitions and, if meritorious, conducts an election to allow employees to decide whether or not they wish to be represented by a union. An unfair labor practice charge is filed by any member of the public with an NLRB Field Office if they believe an employer or union has violated the National Labor Relations Act. The Field Office will then investigate the charge and issue a complaint, absent settlement, if the Regional Director determines the charge has merit. The increase in cases comes during a period of critical funding and staffing shortages for the Agency. The NLRB has received the same Congressional appropriation of $274.2 million for nine consecutive years as costs have risen. Adjusting for inflation, the Agency’s budget has decreased 25% since FY2010. Overall Agency staffing levels have dropped 39% since FY2002 and field staffing has shrunk by 50%. The President’s Budget for FY2023 requested $319.4 million for the NLRB, a 16% budget increase. “The NLRB is processing the most cases it has seen in years with the lowest staffing levels in the past six decades. Our dedicated staff, especially in our 48 field offices, are handling unsustainable caseloads. The Agency urgently needs more resources to process petitions and conduct elections, investigate unfair labor practice charges, and obtain full remedies for workers whose labor rights have been violated,” said NLRB General Counsel Jennifer Abruzzo. “We need Congress to help us restore the capacity that we have lost after years of underfunding.” For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

NLRB Appoints Kimberly Sanford as Agency’s First Chief Diversity Officer

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. NLRB Appoints Kimberly Sanford as Agency’s First Chief Diversity Officer 07/12/2022 10:09 AM EDT July 12, 2022 Today, National Labor Relations Board (NLRB) Chairman Lauren McFerran and General Counsel Jennifer A. Abruzzo announced the appointment of Kimberly Sanford as the NLRB’s first Chief Diversity Officer. The appointment is a key component of the NLRB’s commitment to achieving the goals established by President Biden in Executive Order 14035, “Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce.” As the NLRB’s Chief Diversity Officer, Ms. Sanford will lead the Agency’s efforts to advance diversity, equity, inclusion, and accessibility (DEIA) goals, including building a diverse workforce and fostering an inclusive environment, through policy development, workforce analysis, outreach, education, and retention. Ms. Sanford will do so through collaboration and partnership with all Agency divisions, including the Office of Equal Employment Opportunity (OEEO), which has led the Agency’s work to develop a comprehensive strategic plan for DEIA. With over 35 years of federal service, Ms. Sanford currently serves as the Deputy Director for the Division of Administration at the NLRB. Prior to her tenure with the NLRB, she served at the U.S. Department of Housing and Urban Development (HUD), where she began her professional career as a Legal Technician in the Office of Fair Housing Enforcement and advanced to become a Senior Policy Analyst in the Office of Fair Housing and Equal Opportunity. Ms. Sanford is also a graduate of HUD’s Emerging Leaders Program and holds a Bachelor of Science in Management Studies. “The President’s Executive Order aims to make the federal government a model employer. We wholeheartedly agree that DEIA should be an integral part of all our efforts to achieve that goal,” said Chairman McFerran. “We are thrilled that Kimberly will be leading this initiative and building off the work that OEEO and others have already done in order to create a more equitable and inclusive workplace at the NLRB.” “We’re incredibly pleased to announce this new position within the NLRB, and excited for Kimberly to step into this role,” said General Counsel Abruzzo. “Throughout her tenure at the NLRB, Kimberly has proven to be a strong and thoughtful leader and we’re fortunate that she will be heading our efforts to advance DEIA at the Agency.” For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

NLRB Releases Updated Supplement to Outline of Law and Procedure in Representation Cases

July 11, 2022 Washington, D.C — The National Labor Relations Board (NLRB) has issued an updated supplement to its Outline of Law and Procedure in Representation Cases (“Outline”). The Outline, which was originally issued in the early 1960’s, is a guidance document prepared by the Office of the General Counsel and was last updated in its entirety in 2017. The new supplement, issued in May 2022, covers legal developments related to Board representation law that occurred during 2021. A supplement has been issued each year since, covering developments in representation law during the prior year. The Outline details developments in Board election and representation law and serves as a research tool for attorneys who practice before the Board. The 2021 supplement to the Outline covers virtually all published representation cases (Board and circuit court) from 2021, as well as consolidated representation and unfair labor practice cases in which the Board passed or commented on the representation issues. Several unfair labor practice cases that involve issues relevant to representation case law (e.g., jurisdiction and joint employer) are also included. Rulemaking activities that relate to representation-case matters are included as well. The 2021 supplement was edited by Terence G. Schoone-Jongen, Director of the Board’s Office of Representation Appeals. The Outline and each year’s supplements can be found under “Manuals and Guides” on the NLRB’s public website. For more information, please contact us at: http://www.beverlyhillsemploymentlaw.com/

Bowerman v. Field Asset Services

Employment Class certification was inappropriate where the putative class members could not establish their employer’s liability for failing to pay overtime wages or to reimburse expenses by common evidence. The California Court of Appeal has repeatedly limited Dynamex’s applications to claims based on or rooted in California’s wage orders; Dynamex did not apply to class members’ expense reimbursement claims based on Labor Code §2802, Borello’s multifactor and fact-intensive inquiry did. The court will exercise pendent appellate jurisdiction over interim fee awards that are inextricably intertwined with or necessary to ensure meaningful review of final orders on appeal. Bowerman v. Field Asset Services - filed July 5, 2022 Cite as 2022 S.O.S. 18-16303 For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/