www.bloomberglaw.com Open in urlscan Pro
69.191.249.91  Public Scan

Form analysis
1 forms found in the DOM

POST /client_matter/session/create

<form id="startClientMatterSessionForm" action="/client_matter/session/create" accept-charset="UTF-8" method="post"><input name="utf8" type="hidden" value="✓"><input type="hidden" name="authenticity_token"
    value="LPjX3lDwksKGwWsvZ40NeoGIyIQEpSZCD2xJYvViu4O3QIlsA51FuQfqErq7J4tx7Ua9kuuzuyESz3AEk94/sQ==">
  <input type="hidden" name="create_client_matter" id="create_client_matter" value="false">
  <div class="content">
    <div class="informativeParagraph"> Your firm optionally allows a client matter to be selected while you are using Bloomberg Law. Please contact your administrator if you have any questions. Please select from a recently used Client Matter or
      enter a Client Matter manually. </div>
    <div class="errors">
      <div class="error" id="clientMatterLabelErrors" style="display:none"></div>
      <div class="error" id="attorneyNumberLabelErrors" style="display:none"></div>
    </div>
    <div class="recents">
      <div class="title"> RECENTLY USED </div>
      <div class="items">
      </div>
    </div>
    <div class="input">
      <div class="title"> CLIENT MATTER </div>
      <div class="inputContainer"><input type="text" name="client_matter_label" id="client_matter_label" value="" autocomplete="off" class="autocompleteTextField input_auto autocompleteForm" data-url="/autocomplete/lookup"
          data-context="CLIENT_MATTERS" data-show-no-matches="false" data-highlight-term="true" data-select-callback="applyClientMatterFromAutocompleteSelection">
        <div class="results autocompleteBox" id="client_matter_label_results" style="display: none;"></div>
      </div>
      <script>
        //<![CDATA[
        document.readyState != 'interactive' && document.readyState != 'complete' ? $(window).load(function() {
          $('#client_matter_label').bbAutocomplete();
        }) : $(document).ready(function() {
          $('#client_matter_label').bbAutocomplete();
        });
        //]]>
      </script>
      <iron-icon class="searchy x-scope iron-icon-0" icon="blaw-ct-small:search"><svg viewBox="0 0 24 24" preserveAspectRatio="xMidYMid meet" focusable="false" class="style-scope iron-icon"
          style="pointer-events: none; display: block; width: 100%; height: 100%;">
          <g class="style-scope iron-icon">
            <path
              d="M14.5836288,15.2907356 L16.0339381,16.7410449 C15.9448455,17.0746617 16.0311639,17.4453774 16.2928932,17.7071068 L18.7928932,20.2071068 C19.1834175,20.5976311 19.8165825,20.5976311 20.2071068,20.2071068 C20.5976311,19.8165825 20.5976311,19.1834175 20.2071068,18.7928932 L17.7071068,16.2928932 C17.4453774,16.0311639 17.0746617,15.9448455 16.7410449,16.0339381 L16.7410449,16.0339381 L15.2907356,14.5836288 C16.3555923,13.3555678 17,11.7530386 17,10 C17,6.13400675 13.8659932,3 10,3 C6.13400675,3 3,6.13400675 3,10 C3,13.8659932 6.13400675,17 10,17 C11.7530386,17 13.3555678,16.3555923 14.5836288,15.2907356 L14.5836288,15.2907356 Z M10,15 C7.23857625,15 5,12.7614237 5,10 C5,7.23857625 7.23857625,5 10,5 C12.7614237,5 15,7.23857625 15,10 C15,12.7614237 12.7614237,15 10,15 Z"
              class="style-scope iron-icon"></path>
          </g>
        </svg> </iron-icon>
    </div>
    <div class="input clientMatterSuppressionCheckholder" id="clientMatterSuppressionCheckholder">
      <label>
        <input type="hidden" name="suppress_client_matter_prompt_enabled" id="suppress_client_matter_prompt_enabled" value="1">
        <input type="checkbox" name="suppress_client_matter_prompt" id="suppress_client_matter_prompt" value="1" checked="checked">
        <label for="suppress_client_matter_prompt">Do not remind me again this session</label>
      </label>
    </div>
    <div class="informativeParagraph"> Please contact your administrator if you have questions about client matter. </div>
  </div>
  <div class="buttons">
    <paper-button class="cancel x-scope paper-button-0" onclick="cancelClientMatterPopup();" type="button" role="button" tabindex="0" animated="" aria-disabled="false" elevation="0"> Cancel </paper-button>
    <paper-button class="disabled submitTheForm x-scope paper-button-0" onclick="BLAW.General.submitClientMatterForm();" type="button" role="button" tabindex="0" animated="" aria-disabled="false" elevation="0"> Submit </paper-button>
  </div>
</form>

Text Content

24_citation_map_24 32 32_LP_leadCase_lightbulb_32 close 24 24 24 24 24 T.O.C.
Request a Demo Log In
Daily Labor Report ®
National Labor Relations Board General Counsel Jennifer Abruzzo is shown during
her confirmation hearing last year.
Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photos: Bloomberg Mercury



PUNCHING IN: NLRB TOP LAWYER IS ‘SPEEDING’ THROUGH AGENDA ITEMS

By Robert Iafolla and Chris Marr

Column
Jan. 24, 2022, 10:00 AM
Bloomberg Law News 2022-01-26T08:16:32546-05:00


PUNCHING IN: NLRB TOP LAWYER IS ‘SPEEDING’ THROUGH AGENDA ITEMS

By Robert Iafolla and Chris Marr 2022-01-24T05:00:19000-05:00


Monday morning musings for workplace watchers

Abruzzo at Six-Month Mark | NYC’s New Pay Equity Law

Robert Iafolla: National Labor Relations Board General Counsel Jennifer Abruzzo
has made significant strides toward boosting legal protections for workers and
unions in her first six months in office.

She’s rapidly rolled out an ambitious set of initiatives to add teeth to agency
enforcement, expand federal labor law’s coverage, and reverse several
pro-employer precedents established during the Trump years.

“To say she’s hit the ground running would be an understatement,” said Jerry
Hunter, a former Republican NLRB general counsel who represents employers for
Bryan Cave Leighton Paisner LLP. “If she was driving on the highway, a state
highway patrolman would give her a ticket for speeding. Clearly, she’s not
wasting any time.”

In August, three weeks into her four-year term, Abruzzo laid down a major marker
by issuing a memo outlining NLRB case law she wants to challenge. It targeted
more than 40 Trump-era decisions.

Since then, her plans have started to materialize. Her office is already
litigating cases before the Democratic-majority NLRB that contest about a dozen
precedents set during the prior administration. (Examples: bargaining unit size;
gag orders; severance deals; workplace rules; and the independent contractor
test.)

Abruzzo’s progress could be slowed by NLRB Chair Lauren McFerran’s commitment to
inviting public input on major cases. McFerran recently told Bloomberg Law that
while the practice can delay proceedings, the transparency and credibility gains
it can provide are important for the board.

And Abruzzo can only move as fast on changing precedent as available cases
allow, said Mark Gaston Pearce, NLRB chair during the Obama administration. She
needs the right vehicles to present relevant issues to the board.

“That’s just the reality of the process,” said Pearce, who directs the Workers’
Rights Institute at Georgetown University Law Center. “The general counsel and
board do not huddle about what cases will be brought before the board.”

Abruzzo’s campaign to put more bite into NLRB remedies includes seeking damages
for economic consequences and emotional distress stemming from unfair labor
practices, which the board is considering.

She’s outlined a more aggressive strategy on settlements that would limit use of
non-admission clauses, and proposed reviving a powerful type of board order that
would help unions overcome employer resistance.

Abruzzo also has turned heads with memos declaring that private college athletes
are employees under labor law, and pledging to protect workers from
immigration-related intimidation.

She’s inked collaborative enforcement deals with the Equal Employment
Opportunity Commission and the U.S. Labor Department.

In her role as the NLRB’s chief administrative officer, Abruzzo has filled some
of the vacant leadership positions in the agency’s regional offices. But her
ability to staff up more broadly—the agency’s personnel is down 27% since fiscal
year 2010—depends on getting a budgetary boost, said NLRB spokeswoman Kayla
Blado.

Abruzzo said in an email she’s sought to fully enforce the National Labor
Relations Act and lead the agency to “better effectuate its mission.”

“Looking forward,” she added. “I will continue to vigorously protect the
statutory rights of workers, expand our opportunities to educate the public
about rights and obligations under the statute, and employ all necessary
enforcement mechanisms at our disposal.”


ALSO READ

Health Care Workers’ Strike Risk High as Hundreds of Labor Contracts End

Biden’s Vaccine Mandate for Federal Workers Blocked Nationwide

‘Good Jobs’ Plan Aimed at Worker Wages, Rights, Labor Chief Says

Chris Marr: Pay-equity proponents started the year with a win in New York City,
and they’re aiming for further expansion of salary transparency requirements in
2022.

Beginning later this year, employers in New York City will be required to
provide a salary range in all job listings, with violations treated as
discrimination and enforced by the city’s Commission on Human Rights.

The law applies to all employers with four or more employees, but exempts
temporary staffing agencies, which already are required to disclose pay
information as part of the city’s wage-theft law.



New York City Hall is pictured in November 2009.
Photographer: Daniel Acker/Bloomberg

The city ordinance is similar to laws in a small but growing number of states,
where employers are required to give job applicants salary or wage information
during the hiring process. The policies are designed to help workers ensure they
receive fair wages and avoid pay discrimination.

The particulars of what’s required vary from state to state. Colorado requires
salary information to be posted in every job listing, while others such as
Maryland and Washington state only require the information to be provided upon
request by a job applicant.

These pay transparency laws are the latest wave in policies targeting wage
inequality, which most commonly affects women and workers of color earning
below-average pay—with their salary history often following them from one job to
the next.

Pay discrimination “can be difficult to detect, as employees are often hesitant
to share salary information with colleagues, and often do not realize—and are
unable to know—that they are being compensated at lower rates for comparable
work,” JoAnn Kamuf Ward, deputy commissioner at the New York City Commission on
Human Rights, told a City Council committee last month. “Recognizing this
reality, local and state governments including in New York are taking steps to
advance pay equity.”

The NYC Commission on Human Rights is tasked with writing rules to implement the
new ordinance before it is scheduled to take effect in mid-May. It became law
Jan. 15, when Mayor Eric Adams returned it unsigned to the council.

Similar pay-disclosure laws took effect Oct. 1 in Connecticut and Nevada
requiring employers to proactively provide a salary range to applicants at
varying points in the hiring process.

As state legislative sessions get under way this year, Washington state
lawmakers are considering a proposal to rewrite their state’s pay-disclosure law
to require a salary range in all job ads, comparable to the Colorado and New
York City laws.

The pay disclosure measures build on cities’ and states’ previous pay-equity
policies, such as those that ban employers from demanding job applicants’ prior
salary history and others that prevent employers from punishing workers who
discuss their pay with colleagues.

We’re punching out. Daily Labor Report subscribers, please check in for updates
during the week, and feel free to reach out to us.

To contact the reporters on this story: Robert Iafolla in Washington at
riafolla@bloomberglaw.com; Chris Marr in Atlanta at cmarr@bloomberglaw.com

To contact the editors responsible for this story: John Lauinger at
jlauinger@bloomberglaw.com; Martha Mueller Neff at mmuellerneff@bloomberglaw.com

Robert Iafolla
Reporter

Chris Marr
Staff Correspondent


DOCUMENTS

Abruzzo 8-12-21 memo
NLRB FY2022 budget justification
Bill
NYC pay disclosure ordinance
Bill
Washington pay disclosure bill

RELATED ARTICLES

NLRB Legal Chief Plans Back-to-Future Strategy on Board Powers
Aug. 24, 2021, 3:35 PM
NLRB Top Lawyer Eyes Worker Status in Charting Legal Plans (2)
Aug. 12, 2021, 6:18 PM
Labor Board to Revisit Bargaining Unit Size in Union Elections
Dec. 7, 2021, 9:18 PM
Top NLRB Lawyer Calls for New Remedy for Unlawful Terminations (1)
Sept. 8, 2021, 6:19 PM
Labor Board Rethinks Worker Gag Orders in Arbitration Pacts (1)
Jan. 18, 2022, 10:47 PM
Trump-Era NLRB Precedent for Severance Deals on Chopping Block
Nov. 29, 2021, 5:33 PM
NLRB Reconsidering Trump-Era Independent Contractor Test (1)
Dec. 27, 2021, 9:30 PM
Trump-Era Workplace Rules Test Gets Review by Labor Board (1)
Jan. 6, 2022, 8:10 PM
Remedies Should Factor In Emotional Harm, NLRB Lawyer Says (1)
Jan. 12, 2022, 6:27 PM
Labor Board Settlements Will Seek More Money for Fired Workers
Sept. 15, 2021, 5:47 PM
Private College Athletes Are Employees, NLRB Top Lawyer Says (2)
Sept. 29, 2021, 2:20 PM
NLRB Cracks Down on Immigrant Worker Intimidation, Abruzzo Says
Nov. 8, 2021, 5:14 PM
New York Latest State to Ban Employers’ Salary History Questions
Jan. 6, 2020, 3:30 PM
Pay Disclosure Laws in Connecticut, Nevada Bolster Equity Effort
Sept. 30, 2021, 4:23 PM

LAW FIRMS

 * Bryan Cave

TOPICS

 * pay equity
 * law enforcement officers
 * federal budget
 * EEO enforcement
 * job advertisements
 * unfair labor practices
 * employment discrimination
 * student athletes
 * state employment legislation




MORE FROM BLOOMBERG LAW


LATEST STORIES IN DAILY LABOR REPORT ®


BESIEGED NURSING HOMES CALL STAFFING REPORT MANDATE ‘TONE DEAF’

Nursing homes, struggling with record staff shortages and rising Covid-19
infections, will soon have to publicly report their employee turnover rates and
weekend staffing levels for nurses, a move designed to help consumers select
quality facilities.


NEW YORK TO REQUIRE EMPLOYERS TO DISCLOSE EMPLOYEE MONITORING

Employers in New York must disclose electronic monitoring, such as internet
access and videoconferencing, to new hires under a new law taking effect in May,
as workers contend with an employment landscape that’s increasingly dependent on
technology.


BIDEN’S WORKPLACE VACCINE RULES HIT REPUBLICAN JUDGE BLOCKADE

President Joe Biden’s multi-pronged campaign to boost Covid-19 vaccination rates
among workers has run into a red wall of Republican-appointed judges,
particularly those jurists tapped by the Trump administration.

© 2022 The Bureau of National Affairs, Inc.
All Rights Reserved
Top




 * Contact Us
 * View Full Desktop Site
 * BLAW ® 24 / 7 Help Desk (888) 560-2529

Terms of service , Privacy , Copyright , Accessibility

© 2022 The Bureau of National Affairs, Inc.
All Rights Reserved




ENTER A CLIENT MATTER


Your firm optionally allows a client matter to be selected while you are using
Bloomberg Law. Please contact your administrator if you have any questions.
Please select from a recently used Client Matter or enter a Client Matter
manually.

RECENTLY USED

CLIENT MATTER

Do not remind me again this session
Please contact your administrator if you have questions about client matter.
Cancel Submit
Unrecognized Client Matter

Client Matter   does not currently exist in Bloomberg Law. Would you like to add
this client matter to the system?
Yes No

Bloomberg Industry Group
About Us Contact Us
Other Products
Big Law Business Professional Learning BNA
Help Topics
Getting Started BCite Citator Smart Code Points of Law Browse All Help Topics
24/7 BLAW® Help Desk
888.560.2529
help@bloomberglaw.com
0.1329.0
Terms of Service Privacy Policy Copyright Accessibility
© 2022 The Bureau of National Affairs, Inc. All Rights Reserved.