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2022 NLRB Investigations: Bargaining Units, Independent Contractors, Handbooks, Captive Audiences, Arbitration

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 13, 2022

Recorded event now available

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This CLE course will focus on the growing enforcement activities by the National Labor Relations Board (NLRB) under the Biden administration. The panel will address how the recent successful certifications of unions by Amazon and Starbucks employees have increased scrutiny of businesses with organizing employees. The panel will discuss the NLRB's new standards for determining bargaining units and independent contractor status, evaluating lawful employment policies and handbooks, and what constitutes captive audiences.


In 2021, the NLRB shifted from a Republican-appointed majority to a Democratic-appointed majority and issued statements on enforcing and defining labor standards and compliance.

The NLRB has expressed that it intends to be more pro-employee and will be examining the standard for determining an appropriate bargaining unit and independent contractor status. Likewise, the NLRB will review and evaluate work rules and handbooks for lawfulness.

The Board also issued a memo stating that employer captive audience meetings are unlawful. The current NLRB would change decades of precedent that allowed employers to express their opinions on unions during mandatory, paid meetings.

Listen as our expert panel discusses the current issues of NLRB enforcement, what are lessons from the Starbucks and Amazon union movements, and what employers should expect in employment regulation in the Biden administration.



  1. Recent NLRB activity
  2. Proposed NLRB rule reinstatement/proposals
    1. Bargaining units
    2. Independent contractor status
    3. Captive audience
  3. Amazon and Starbucks union movements
  4. Best practices for union and non-union employers
  5. Anticipated NLRB future action


The panel will discuss these and other key issues:

  • What NLRB rules have been reinstated, and which practices are the most likely to be reinstated/proposed under the Biden administration?
  • How enforceable is the captive audience memo?
  • How will the Amazon and Starbucks union movements affect labor organizations overall?
  • What steps should non-union and union employers anticipate to maintain NLRA compliance?


Funk, Ryan
Ryan J. Funk

Faegre Drinker Biddle & Reath

Mr. Funk represents and advises management on labor and employment issues in both union and non-union settings. He...  |  Read More

Yerger, Sarah
Sarah C. Yerger

Yerger Law

Concentrating in the area of employment and labor law and litigation for nearly 30 years, Ms. Yerger has amassed a...  |  Read More

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