(from Venable) An August memorandum from the National Labor Relations Board (NLRB) indicates an intent to review and reverse recent — and some long-standing — employer-friendly legal precedents. The agenda makes clear that the Biden administration will aggressively enforce the National Labor Relations Act (NLRA) with a more pro-labor viewpoint. Here are just some of the likely changes ahead:
- Expanding monetary damages for which employers may be liable when they unlawfully terminate workers.
- Reversing a Trump-era decision that created a new, employer-friendly framework for determining when an employer's handbook policies infringe on protected concerted activity under the NLRA.
- Reversing precedent that made it easier for employers to establish workers are independent contractors.
- Expanding what may be viewed as "protected concerted activity" or "mutual aid or protection" under the NLRA.
- Reversing recent cases finding confidentiality, non-disparagement clauses, and certain waiver of claims in separation agreements lawful.
- Expanding employee rights related to employer discipline.
- Reestablishing NLRB jurisdiction to decide matters involving religious educational institutions.
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