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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
“People don’t do what you expect, but what you inspect.” – Louis V. Gerstner Jr., former CEO of IBM. Gerstner’s quote is often repeated in the military and in business. It is a proactive strategy leaders can implement to...more
Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more
Employers often have workplace policies which are typically contained in an employment handbook. These handbooks may include policies regarding the confidentiality of business information, the use of cell phones during work,...more
On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more
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
The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more
Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more
On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more
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
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
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
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
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
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
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
As a follow up to my post a few weeks ago on McLaren Macomb, the NLRB has issued new Guidance of which in-house counsel should take note....more
National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more
As previously covered by HR Legalist, the National Labor Relations Board’s (“NLRB”) recent decision in McLaren v. Macomb ushered in a significant crackdown on non-disparagement and confidentiality provisions in employee...more
In the last article, we covered an Iowa Court of Appeals case relating to severance/separation agreements and whistleblower claims. Other issues have cropped up regarding severance agreements and their enforceability but on...more
The National Labor Relations Board (NLRB) issued a recent decision that impacts the use of non-disparagement and confidentiality clauses in employee agreements. In the McLaren Macomb decision, the NLRB concluded that...more
The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements....more
In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more
For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect the employer on two...more