The General Counsel of the National Labor Relations Board
Identifies Priorities

On August 12, 2021, Jennifer Abruzzo, the new National Labor Relations Board (NLRB) general counsel, issued Memorandum 21-04 which discusses her litigation priorities. The 10-page memo identified areas in which she would like to focus. Some of these include employee handbook rules, the validity of confidentiality provisions in separation agreements, what constitutes protected concerted activity, and an employer’s right to remove union agents from their premises.

GC Abruzzo made it clear that she is very interested in revising key Trump era NLRB decisions which she believes are too employer friendly. She wants to reconsider employer rules such as those which govern employee confidentiality, non-disparagement, social media, media communications, civility rules, respectful and professional manner rules, offensive language rules, no camera rules in the workplace, independent contractor rules, and employee personal use of company email policies.

GC Abruzzo also seeks to limit employer power to withstand union strikes and pickets while expanding employee power to engage in activities which may be disruptive to the employer’s business. She states “that this memo will be supplemented at some point in the future to include other important issues as well as refinements.”

As a result, employers should soon expect additional scrutiny on their workplace policies, procedures and handbooks. Changes are coming.

A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.

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Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
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