News & Analysis as of

National Labor Relations Board Securities and Exchange Commission (SEC) Equal Employment Opportunity Commission (EEOC)

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Holland & Hart - Employers' Lawyers

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees.  Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more

Goodwin

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

Jackson Lewis P.C.

Caution Advised For Language In Employment Settlement And Severance Agreements

Jackson Lewis P.C. on

Over the years, the Securities and Exchange Commission has taken aim at common language in settlement and severance agreements regarding nondisclosure and confidentiality....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2022

This edition summarizes key employment law developments over the past six months, including amendments to the rules implementing the SEC’s whistleblower program, partnerships among U.S. federal agencies to prevent...more

Health Care Compliance Association (HCCA)

Social Media Compliance Risk

Social media keeps evolving: From MySpace to Facebook to Twitter to SnapChat to TikTok to whatever comes next. One thing stays the same, though: there are lots of compliance risk. In this podcast Kortney Nordrum,...more

Parker Poe Adams & Bernstein LLP

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class...more

PilieroMazza PLLC

Weekly Update Newsletter - March 2019 #2

PilieroMazza PLLC on

GOVERNMENT CONTRACTING - Gene L. Dodaro, Comptroller General of the United States, testified before the Senate Committee on Homeland Security and Governmental Affairs about the Government Accountability Office’s (GAO)...more

Obermayer Rebmann Maxwell & Hippel LLP

Omarosa’s NDA Battle – Confidentiality and Context in the Workplace

The business world has much more to learn from the Omarosa Manigault White House battle than just fashionable workplace attire and a flair for the dramatic. The battle between the White House and Omarosa over the scope of her...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - October 2016"

Spotlight on Whistleblower Protections - On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more

Wilson Sonsini Goodrich & Rosati

Companies Should Review Employee Agreements and Policies Following SEC's Aggressive Stance on Impediments to Whistleblowing

In two recently announced settlements, the U.S. Securities and Exchange Commission (SEC) adopted a strict interpretation of the whistleblower protections afforded under the Dodd-Frank Wall Street Reform and Consumer...more

Manatt, Phelps & Phillips, LLP

Employment Law - December 2015

NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal - Why it matters - Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

Winstead PC

The SEC Joins the NLRB and EEOC in the Assault on Employee Confidentiality Agreements and Policies in Workplace Investigations

Winstead PC on

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced its first settlement of a whistleblower enforcement action against a company for using confidentiality agreements to stifle the...more

Williams Mullen

NLRB and SEC Impose Restrictions on Workplace Policies and Confidentiality Agreements

Williams Mullen on

During the last few years, the National Labor Relations Board (“NLRB”) has been aggressively reviewing employers’ confidentiality policies, as well as other work rules regarding, among other things, social media, use of the...more

Seyfarth Shaw LLP

SEC Cracks Down on Agreement Requiring In-House Reporting of Fraud Complaint

Seyfarth Shaw LLP on

The Securities and Exchange Commission (SEC) announced today that it had made good on its prior promises to take a hard look at employment agreements and policies that could be viewed as attempting to keep securities fraud...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

Fenwick & West LLP

Fenwick Employment Brief - April 2014

Fenwick & West LLP on

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

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