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Update: NLRB’s General Counsel Provides Guidance on Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

Key Points - The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more

NLRB Rules That Employers May Not Offer Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

Key Points - On February 21, 2023, the NLRB issued a decision in McLaren Macomb holding that employers may not offer severance agreements with broad confidentiality or non-disparagement clauses to union and non-union...more

Effectively Managing Workforce Contraction in Turbulent Times

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more

So, What’d I Miss??? A Flurry of New Employment Laws Impact New York Firms

Key Points - The past eight months have featured the introduction of myriad new state and city laws impacting New York firms. From amendments to the NYC Fair Chance Act and NYS Paid Family Leave Law, to the expansion...more

New Federal Law Will Prohibit the Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more

New York State Issues Draft Guidance on New Anti-Sexual Harassment Measures - Hedge Up: A Heads-Up on Employment Issues...

• On August 23, 2018, New York State issued FAQs and other draft guidance regarding the recently passed New York State anti-sexual harassment laws. • Firms must implement new anti-sexual harassment policies by October 9,...more

NYC to Ban Inquiries Regarding Applicants’ Compensation History

Yesterday, the New York City Council passed a bill prohibiting firms from inquiring about, or relying on, an applicant’s salary history in connection with the recruiting or hiring process. The bill, which would amend the New...more

Special Report: The NLRB’s Complaint Against Bridgewater and What It Means for Investment Managers

Key Points - - The National Labor Relations Board has filed a complaint against Bridgewater Associates, challenging contractual provisions of a type that are commonplace at hedge funds and private equity firms. ...more

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

Two New NYC Statutes Constrain Hiring Process - Hedge Up - A Heads-Up on Employment Issues Confronting the Hedge Fund Industry

If you read one thing... - Two new employment statutes place additional burden on New York City firms during prospective employee screening and provide fodder for the plaintiffs’ bar - Credit history and...more

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more

Best Practices in Social Media for Employers Part 2 – Monitoring Employees’ Social Media Use

In addition to the risks associated with employers’ use of social media as related to the recruiting and the hiring process, employers should also be aware of potential pitfalls associated with restricting or monitoring...more

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