NLRB, Former Employee, Employment Policies

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

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

Sands Anderson PC on 8/4/2023

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

Client Alert: NLRB Announces that many Non-Compete Agreements are now in Violation of Federal Law

Shumaker, Loop & Kendrick, LLP on 6/7/2023

Shumaker recently published a Client Alert about the Federal Trade Commission’s (FTC) proposed rule essentially banning the use of non-competition agreements. In that Alert we advised clients that they should take a “wait and...more

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

Stoel Rives - World of Employment on 5/23/2023

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

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

CDF Labor Law LLP on 5/10/2023

CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

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

Spilman Thomas & Battle, PLLC on 4/6/2023

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

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

Spilman Thomas & Battle, PLLC on 4/6/2023

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

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

Nelson Mullins Riley & Scarborough LLP on 4/3/2023

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

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Wyrick Robbins Yates & Ponton LLP on 4/3/2023

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

NLRB Decision on Separation Agreements Affects All Private Sector Employers

Conn Kavanaugh on 4/3/2023

If your business needs to terminate an employee and offer a severance agreement, pay close attention to a February 21, 2023 decision by the National Labor Relations Board (“Board”), McLaren Macomb, et al., Case 07-CA-263041. ...more

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

DarrowEverett LLP on 4/3/2023

As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

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

Adler Pollock & Sheehan P.C. on 3/29/2023

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

The Impact of McLaren Macomb Continues to Grow—Next Steps for In-House Counsel.

Burns & Levinson LLP on 3/28/2023

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

Severance Agreements – Federal Implications

Dentons on 3/23/2023

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

Recent NLRB Decision Impacts Employer Use of Non-Disparagement and Confidentiality Clauses

Katten Muchin Rosenman LLP on 3/16/2023

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

Employers Beware: The NLRB Limits Severance Agreements

Akerman LLP - HR Defense on 3/3/2023

The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more

The NLRB Issues a Decision Impacting Non-disparagement and Confidentiality Provisions in Severance Agreements

Pullman & Comley - Labor, Employment and... on 3/3/2023

The National Labor Relations Board (NLRB) recently indicated that when drafting severance or general release agreements, employers have to rethink how they use standard non-disparagement and confidentiality clauses. On...more

NLRB Narrows Permissible Terms in Severance Agreements

Bodman on 3/3/2023

The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren...more

February Tip of the Month: NLRB Ruling Affects Nondisparagement and Confidentiality Provisions

Perkins Coie on 3/1/2023

On February 21, 2023, the National Labor Relations Board (NLRB or the Board) issued a significant decision that dramatically affects employers’ ability to include nondisparagement and confidentiality provisions in separation...more

NLRB Holds that Severance Agreement with Broad Confidentiality and Non-Disparagement Covenants Violates the NLRA

Fenwick & West LLP on 3/1/2023

On February 21, 2023, the National Labor Relations Board (NLRB) held that including broad confidentiality and non-disparagement clauses in severance agreements violates the National Labor Relations Act (NLRA)...more

Forecast: March 2022 Edition

Fisher Phillips on 3/16/2022

Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging...

Seyfarth Shaw LLP on 5/1/2019

Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more

II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued

Cozen O'Connor on 11/1/2018

This episode offers a Top 10 list of thoughts to minimize problems at your company's upcoming holiday party, discusses what's in the recently-published 2018/2019 federal regulatory agenda, and highlights two noteworthy cases...more

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 5/15/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

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