This week, we update you on two major developments from the National Labor Relations Board (“NLRB” or “Board”) and this year’s abridged timeline to submit EEO-1 data.

Video: YouTubeVimeo.

Podcast: Apple PodcastsGoogle PodcastsOvercastSpotifyStitcher.

Union Activity Surges

The NLRB recently released data on the increase in petitions filed by unions for representation elections in the country. In the first half of fiscal year 2022, petitions filed by unions for representation elections jumped 57 percent from the same period last year.

NLRB GC Takes Aim at “Captive Audience” Meetings and Supports Union Organizing

The Biden administration has been vocal in supporting unionization efforts and making it easier for unions to win elections. Recently, NLRB General Counsel Jennifer Abruzzo issued a memo indicating that her office will be asking the Board to find “captive audience” meetings, in which employers seek to convince workers to vote against union representation, to be unlawful and violate the National Labor Relations Act. The memo reflects the General Counsel’s goal of limiting the ability of an employer to campaign and share its views with employees before they vote. Read more.  

In a brief recently filed with the NLRB, General Counsel Abruzzo asked the Board to adopt a requirement that an employer recognize and bargain with a union that claims majority support unless the employer can establish that it has a “good faith doubt” as to the union’s claim of majority status. Learn more.

Equal Employment Opportunity Commission Opens EEO-1 Data Collection, with Fast Timeline

Employers are racing to submit their 2021 EEO-1 Component 1 data by May 17, a significantly shorter window than the previous two years.

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what the federal government and state and local governments have done to address the COVID-19 pandemic this week.

Ohio Enacts Changes to Overtime Exemption Laws and Class/Collective Action Procedures
Wage and Hour Defense Blog
Jill Bigler and James Petrie  

COVID-19 Tumult Softens Employers’ Stance on Resume Gaps
Law360 (subscription may be required)
Ann Knuckles Mahoney Quoted

Remembering an Underappreciated Legal Skill—Listening
Law360
James Flynn

Halting Harassment®: Online Training
Learn more about our interactive anti-harassment training and how it can protect your organization.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 

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