News & Analysis as of September 24, 2024

Contract Terms

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Three Key Considerations in Crafting Effective Multistate Separation Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on 4/18/2023

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

UK HR Two-Minute Monthly: March 2023

BCLP on 3/23/2023

Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on 3/6/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on 3/3/2023

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

Miles & Stockbridge P.C. on 3/1/2023

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Recent NLRB Decision Significantly Impacts Employee Releases and Separation Agreements

Laner Muchin, Ltd. on 3/1/2023

The National Labor Relations Board recently issued a decision in McLaren Macomb, holding that employers may not offer severance agreements that require employees to agree to non-disparagement or confidentiality provisions...more

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on 2/28/2023

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

NLRB Limits the Scope of Confidentiality and NonDisparagement Covenants

Latham & Watkins LLP on 2/28/2023

Employers should review and tailor their confidentiality and non-disparagement covenants to mitigate risk of a finding that such covenants are unlawful. On February 21, 2023, the National Labor Relations Board (the NLRB)...more

NLRB Bars Confidentiality and Non-Disparagement Provisions in Severance Agreements

Benesch on 2/28/2023

In a ruling on February 21st, the National Labor Relations (NLRB or “Board”) revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to not disparage the company as part...more

NLRB Restricts Use of Severance Agreements with Broad Confidentiality/Non-Disparagement Clauses

Holland & Knight LLP on 2/27/2023

The National Labor Relations Board (NLRB or the Board) on Feb. 21, 2023, issued a decision (McLaren Macomb, 372 NLRB No. 58) that significantly restricts an employer's right to present employees with or enforce severance and...more

NLRB Declares Confidentiality and Non-Disparagement Provisions in Severance Agreements Unlawful

Ervin Cohen & Jessup LLP on 2/27/2023

Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements....more

Tales from the NLRB: When Terminating an Employee, Confidentiality and Non-Disparagement Provisions Are ULPs

Williams Mullen on 2/27/2023

The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more

NLRB Resumes Attack on Confidentiality and Nondisparagement Provisions

BCLP on 2/24/2023

This week, the National Labor Relations Board overturned Trump-era precedent and returned to its previous hostility to confidentiality and nondisparagement provisions in agreements with employees. In McLaren Macomb, 372 NLRB...more

NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-Hairs

Genova Burns LLC on 2/24/2023

On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This...more

Severing from Precedent: NLRB Restricts Employers' Ability to Include Standard Confidentiality and Non-Disparagement Provisions in...

BakerHostetler on 2/24/2023

On February 21, the National Labor Relations Board (“NLRB” or “Board”), as anticipated, issued a decision in McLaren Macomb that reversed several Trump-era rulings that generally had allowed employers to proffer severance...more

NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/23/2023

Employers routinely include terms in severance agreements: (1) requiring the fact and contents of the agreement, including the amount of severance, be kept confidential by the signing employee; and (2) prohibiting the signing...more

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2020

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will....more

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

Seyfarth Shaw LLP on 12/24/2019

Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

Employment Law in Germany – Practical Bilingual Guidelines for Chinese Businesses and Investors

Orrick, Herrington & Sutcliffe LLP on 6/27/2018

German employment law provides for a good level of employee protection, for example in case of termination of employment. Being familiar with some basic principles of German employment law can help Chinese investors avoid...more

Employment News - March 2017 #4

Hogan Lovells on 3/27/2017

Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more

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