News & Analysis as of

Employer Liability Issues Hiring & Firing Severance Agreements

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

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Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Epstein Becker & Green

#WorkforceWednesday®: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB...

Epstein Becker & Green on

This week, we’re spotlighting the Federal Trade Commission’s (FTC’s) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission’s (EEOC’s) report on alleged underrepresentation in science,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Key Considerations in Crafting Effective Multistate Separation Agreements

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

Frantz Ward LLP

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

Frantz Ward LLP on

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

Polsinelli

New Year, New Severance and Settlement Agreement Rules for New York

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With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

Farella Braun + Martel LLP

[Hybrid Event] Employment Law Symposium - January 18th, 3:00 pm - 5:00 pm PST

Please join us at our 2024 Employment Law Symposium. The afternoon program promises invaluable insights that will keep you and your talent team at the forefront of California employment law trends....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Sands Anderson PC

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

Sands Anderson PC on

Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of...more

Seyfarth Shaw LLP

APAC Reductions in Force Blog Series — Breakdown of the Top 10 Things to Look Out for – Part 4 of 4

Seyfarth Shaw LLP on

In part three of our four-part series on Reductions in Force in Asia Pacific, we looked at severance costs and benefits, key timing challenges, and consultation with employees or employee representatives....more

Stoel Rives - World of Employment

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee...

The General Counsel of the National Labor Relations Board (NLRB), Jennifer A. Abruzzo, issued guidance on March 22, 2023, about the NLRB’s McLaren Macomb, 372 NLRB No. 58, decision from February 21, 2023, which reinstated a...more

Poyner Spruill LLP

Legal Considerations When Downsizing Your Workforce

Poyner Spruill LLP on

With a weakening economy, many employers are now facing tough cost reduction decisions, which include possible separation of employees. Once it is decided to implement a reduction in force, the employer must make a further...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Woods Rogers

NLRB Targets Severance Agreements

Woods Rogers on

In a decision that affects union and non-union employers, the National Labor Relations Board (NLRB) recently found that certain provisions often used in severance and release agreements violate the rights of employees under...more

Poyner Spruill LLP

Standard Severance Agreements Require Review

Poyner Spruill LLP on

On March 22, 2023, National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo (“General Counsel”), issued Memorandum General Counsel 23-05 (“Memo”) to answer questions arising from the Board’s...more

Spilman Thomas & Battle, PLLC

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Nelson Mullins Riley & Scarborough LLP

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more

Wyrick Robbins Yates & Ponton LLP

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Employers terminating employees frequently offer severance payments in exchange for the employees’ entry into a separation agreement.  Generally these separation agreements include a release of claims along with other...more

Adler Pollock & Sheehan P.C.

The End Of An Era, Separation Agreements In The Wake Of Mclaren Macomb: What Employers Need To Know

The National Labor Relations Board’s (the “Board”) decision in McLaren Macomb, significantly changes what employers are allowed to include in a departing employees’ severance/separation agreements or packages.  The Board’s...more

Miller Nash LLP

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

Miller Nash LLP on

On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

Akin Gump Strauss Hauer & Feld LLP

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

Hogan Lovells

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

Hogan Lovells on

Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

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