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
James Flynn

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®. 


Prefer to Listen?

You can subscribe to Employment Law This Week episodes on your preferred podcast platform – Amazon Music, Apple Podcasts, Audacy, AudibleDeezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.

Spread the Word


Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please like and share the edition each week on LinkedIn, Facebook, X, and YouTube, and encourage your connections to subscribe for email notifications.

Trouble viewing the video? Please contact and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

Back to Series
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.