Erickson C. N. Karmol Named Regional Attorney in Region 7-Detroit

August 10, 2022 Today, National Labor Relations Board General Counsel Jennifer A. Abruzzo announced the appointment of Erikson C. N. Karmol as the Regional Attorney of the NLRB Region 7-Detroit. In his new position, Mr. Karmol will assist Regional Director Elizabeth Kerwin in the administration and enforcement of the National Labor Relations Act in Michigan. Mr. Karmol, a Toledo, Ohio native, received his Bachelor of Arts degree in Economics in 1993 and Master of Arts in Labor and Industrial Relations in 1994 from the University of Cincinnati. Mr. Karmol also earned a Professional in Human Resources certification. In 1997, he earned his Juris Doctor degree from the University of Toledo. That same year, Mr. Karmol began his career with the Agency as a Field Attorney in Region 7. Mr. Karmol received a Labor Fellowship with the Partners of the Americas in 2005. He was promoted to Supervisory Field Attorney in 2006 and promoted to Deputy Regional Attorney in 2008. For more information, contact us at: http://www.beverlyhillsimmigrationlaw.com/

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/