NLRA, Severance Agreements

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

Frantz Ward LLP on 7/22/2024

Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

When It Rains, It Pours –Several Appeals Lined Up to Challenge NLRB Precedent in Court

Proskauer - Labor Relations Update on 5/7/2024

We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive...more

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on 4/1/2024

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Ensuring Your Severance Agreements Are Lawful

CDF Labor Law LLP on 3/29/2024

Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more

The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 2/21/2024

Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more

A Reminder for Employers: Review Your Separation Agreements

Holland & Hart - Employers' Lawyers on 12/4/2023

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

NLRB Stacks Deck in Favor of Employees: Employers Must Play Cards Defensively or Go Bust

Carlton Fields on 10/9/2023

The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

Holland & Hart - Employers' Lawyers on 10/3/2023

by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on 9/22/2023

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

National Labor Relations Board (NLRB) General Counsel Tackles Non-Compete Agreements

White and Williams LLP on 6/15/2023

The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National...more

The Practical NLRB Advisor: Spring 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/14/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more

NLRB General Counsel Aims to End Non-Compete Agreements

Kohrman Jackson & Krantz LLP on 6/6/2023

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all regional offices stating that non-compete agreements in employment contracts and severance...more

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

BakerHostetler on 6/6/2023

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Dorsey & Whitney LLP on 6/5/2023

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

Non-Competes with Rank and File Employees Targeted by NLRB

Genova Burns LLC on 6/2/2023

Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more

NLRB General Counsel Asserts Non-Competes Violate the National Labor Relations Act

Jackson Lewis P.C. on 6/1/2023

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that...more

No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block

Proskauer - Labor Relations Update on 5/31/2023

Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

ArentFox Schiff on 5/31/2023

In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more

NLRB General Counsel Takes Aim at Non-Competition Agreements

Polsinelli on 5/31/2023

The General Counsel of the National Labor Relations Board (“NLRB”) set her sights on a new target with the latest memorandum: non-competition agreements. The memorandum, while not binding, lays out the General Counsel’s...more

Wait, What? NLRB GC Argues Non-competes Violate the NLRA

Sherman & Howard L.L.C. on 5/31/2023

National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo is redefining regulatory overreach. In a memorandum that reads more like a college term paper than a legal opinion, GC Abruzzo argues that...more

NLRB Seeks Enforcement Of Ruling On Separation Agreements

Ballard Spahr LLP on 5/2/2023

The focus remains on the National Labor Relations Board’s (Board or NLRB) ruling in February that asking employees to sign separation agreements with confidentiality and non-disparagement clauses is unlawful. Most recently,...more

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel...

Husch Blackwell LLP on 4/28/2023

In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb, as well as...more

NLRB Requires Changes to Employee Severance and Other Agreements

White & Case LLP on 4/27/2023

Earlier this year, the National Labor Relations Board ("NLRB") issued its decision and order in McLaren Macomb, 372 NLRB No. 58 (February 21, 2023), holding that certain confidentiality and non-disparagement provisions...more

Recent NLRB Developments Affecting Severance Agreements And Protecting Complaints Regarding Systemic Racism

Bressler, Amery & Ross, P.C. on 4/24/2023

Confidentiality and Non-Disparagement Clauses Violate Section 7 Rights - On February 21, 2023, in McLaren Macomb, the National Labor Relations Board (NLRB or the Board) reversed its previous position taken in Baylor...more

What’s Next: How to Respond to the National Labor Relations Board (NLRB) Current Policies Surrounding Confidentiality and...

Verrill on 4/19/2023

The Background: McLaren Macomb - On February 21, 2023, the National Labor Relations Board (“the Board”) decided McLaren Macomb, a case where a hospital offered severance pay to eleven permanently furloughed employees in...more

The National Labor Relations Act › Severance Agreements

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