News & Analysis as of

Confidentiality Agreements Protected Concerted Activity

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more

Jackson Lewis P.C.

NLRB GC Guidance on NLRB Decision Invalidating Confidentiality, Non-Disparagement Provisions in Severance Agreements

Jackson Lewis P.C. on

On March 22, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer A. Abruzzo issued a memorandum to all NLRB Field Offices on the implications of the Board’s February 21, 2023, decision in McLaren...more

Cozen O'Connor

NLRB Issues Guidance on Non-Disparagement & Confidentiality Clauses

Cozen O'Connor on

The National Labor Relations Act (NLRA) is a federal law that applies to both unionized and nonunionized workplaces. The government agency responsible for enforcing the NLRA is the National Labor Relations Board (NLRB or the...more

Constangy, Brooks, Smith & Prophete, LLP

Your settlement's no good here.

Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....more

Levenfeld Pearlstein, LLC

NLRB Rules that Standard Confidentiality and Non-Disparagement Provisions in Severance Agreements Violate Federal Law

On February 21, 2023, the National Labor Relations Board (NLRB) issued its decision in McLaren Macomb, overturning recent precedent and finding that giving an employee a severance agreement containing commonly used...more

Haynsworth Sinkler Boyd, P.A.

NLRB Rules Nondisclosure and Nondisparage Provisions Unlawful in Severance Agreements

The National Labor Relations Board (NLRB) recently ruled that nondisclosure and nondisparage provisions in severance agreements violate Section 7 of the National Labor Relations Act (NLRA). The NLRB noted provisions requiring...more

Locke Lord LLP

NLRB Significantly Restricts Employers’ ‎Use of Confidentiality and Non-Disparagement ‎Provisions in ‎Non-Supervisory Severance...

Locke Lord LLP on

Through a divided decision in the matter of McLaren Macomb, the National Labor Relations Board (“Board”) significantly restricted the use of confidentiality and non-disparagement provisions in severance agreements for...more

Fisher Phillips

Employers Must Draft Severance Agreements with Caution After NLRB Renders Critical Provisions Unlawful: 9 Crucial Questions...

Fisher Phillips on

A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more

Littler

The NLRB’s New General Counsel Issues First Guidance Memorandum Foreshadowing Reversal of Key Board Decisions

Littler on

There’s a new sheriff in town at the National Labor Relations Board, and she is charting a new course for the Board.  On August 12, the NLRB's new general counsel (GC), Jennifer Abruzzo, issued Memorandum 21-04, instructing...more

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Troutman Pepper

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Foley & Lardner LLP

Reconsidering Limits on Confidentiality Provisions Where Sexual Misconduct is Involved

Foley & Lardner LLP on

It does not require insightful analysis to conclude that something is broken when it comes to reporting and addressing sexual misconduct in the workplace. One attempt to fix part of the “brokenness” comes from the...more

Littler

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - July / August 2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

Parker Poe Adams & Bernstein LLP

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...more

Foley & Lardner LLP

Recent Developments Again Call for Timely Review of Restrictive Covenants

Foley & Lardner LLP on

We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more

Parker Poe Adams & Bernstein LLP

NLRB Case Explains Agency's Position on Confidential Information Policies

Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more

Burr & Forman

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

Burr & Forman on

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2015

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

Parker Poe Adams & Bernstein LLP

NLRB General Counsel Releases Memo on Employee Handbook Conflicts With Employee Concerted Activity Rights

Over the past several years, EmployNews has reported dozens of cases involving challenges by the National Labor Relations Board’s Office of the General Counsel to what appeared to be standard employee handbook provisions. In...more

Parker Poe Adams & Bernstein LLP

Federal ALJ Finds Standard Employee Confidentiality Agreement Language to Violate NLRA

Earlier this month, attorneys for the National Labor Relations Board continued their legal assault on common employment policies and procedures. In MUSE School CA, a federal administrative law judge agreed that an employee...more

Nexsen Pruet, PLLC

Employers Beware: NLRB Continues to Target Policies and Agreements

Nexsen Pruet, PLLC on

The National Labor Relations Board (NLRB or Board) continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute...more

Franczek P.C.

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Franczek P.C. on

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

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