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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

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

Supreme Court Holds That Reasonably Prudent ERISA Fiduciaries Must Monitor Recordkeeping and Investment Manager Fees for All...

Key Points - 401(k) plan fiduciaries have the duty to monitor reasonableness of fees for all investment options available to participants under a 401(k) plan. Offering low-fee investment options does not alleviate the...more

Sixth Circuit Weighs In on Multiemployer Plan Withdrawal Liability Assumptions

On September 28, 2021, in Sofco Erectors v. Trustees of the Ohio Operating Engineers Pension Fund, No. 20-3639/3671, 2021 BL 367718 (6th Cir. Sept. 28, 2021), the 6th Circuit Court of Appeals issued the first major appeals...more

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

Key Points - The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more

The NLRB Issues Final Rule on Joint Employment

- On February 26, 2020, the NLRB issued a final rule tightening the standard for joint employment under the NLRA. - The joint-employer standard is important because if two entities are joint employers, both must bargain...more

NLRB Concludes That Student Assistants Can Unionize

On August 23, 2016, the National Labor Relations Board overturned its prior precedent in Brown University and concluded that student assistants—including both graduate and undergraduate teaching assistants—at private colleges...more

Final Rule Requires the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has released its final rule amending the executive, administrative, professional, and computer employee exemptions under the Fair Labor Standards Act (FLSA). The new rule, which goes into effect...more

Effectively Managing Workforce Contraction in Turbulent Times - Part 2

The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With recent developments in the industry and predictions that low oil...more

Wage and Hour Division Issues Interpretation Confirming Expansive Standards for Joint Employment Under FLSA

If you read one thing... - The Department of Labor’s Wage and Hour Division issued new guidance emphasizing the broad standards it will apply to determine whether an employer is a “joint employer” under the FLSA. ...more

Effectively Managing Workforce Contraction in Turbulent Times

The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With predictions that low oil prices will extend well into 2016, such...more

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