Ensuring Success with Executive Agreements
#WorkforceWednesday®: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB Ruling - Employment Law This Week®
Current Executive Compensation Trends in Private Equity Transactions — Troutman Pepper Podcast
Clocking in with PilieroMazza: #LNE4GovCons: Impacts of NLRB’s Ruling on Severance Agreement Content
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ Prepares for Temporary Workers' Bill of Rights - Employment Law This Week
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
Employment Law Now VII-126 - Invalidating Severance Agreements (and Other Important Developments)
What Can the Show Severance Teach Us About Trade Secrets? - Hiring to Firing Podcast
California Employment News: The Erosion of Confidentiality Clauses in Settlement Agreements
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more
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
Pursuant to Section 503(b)(1)(A) of the Bankruptcy Code, "wages, salaries, and commissions for services rendered after the commencement of the case" are treated as administrative expense claims. Additionally, Section...more
When preparing employee separation or severance agreements, we are occasionally asked by clients whether they can include a noncompetition restriction as part of the severance offer, even in situations where no noncompete was...more
Aunque muchos lo desconocen, los empleados en Alemania no tienen en automático un derecho a una indemnización por despido. Sin embargo, la ley ofrece oportunidades para obtenerla bajo ciertas condiciones. Este artículo...more
Navigating severance in Germany can be challenging for U.S. employers, as it involves strict legal frameworks, works council negotiations, and potential financial risks. While severance pay isn't automatically guaranteed,...more
In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Troutman Pepper Partners Joshua Gelfand and Michael Crumbock discuss current executive...more
In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more
On December 19, 2023, Institutional Shareholder Services Inc. (“ISS”) released its updates to its Proxy Voting Guidelines. Somewhat unusually, ISS made only one change to its voting recommendation policies for U.S. public...more
As summer turns to fall, the employee benefits landscape continues to evolve. A few of our thoughts on recent updates are below. Also be on the lookout over the coming weeks for a separate guide to SECURE 2.0 provisions that...more
Canadian employers should review their employment contracts and update them as necessary to avoid potentially costly problems upon separation of employment. Since early 2021 when the Supreme Court of Canada declined to...more
A recent Seventh Circuit decision affirms the principle that an ERISA severance plan can reserve to the employer discretion over who is eligible for severance benefits. The case is Carlson v. Northrop Grumman Severance Plan,...more
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
Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more
On February 21, the National Labor Relations Board (NLRB) issued an opinion with significant implications for confidentiality and non-disparagement provisions in employers’ severance and release agreements with departing...more
In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the...more
On February 21, 2023, the National Labor Relations Board (the Board) issued a decision that reversed the precedent established during the Trump administration and held that severance agreements that include non-disparagement...more
This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited...more
Two cents from an employment lawyer. My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more
In a return to pre-Trump era precedent, the National Labor Relations Board (“NLRB”) has determined that employers violate federal labor law if they offer severance agreements prohibiting employees from making disparaging...more
On February 21, 2023, the National Labor Relations Board (NLRB) ruled that employers covered by the National Labor Relations Act violate Section 8(a)(1) of the Act by merely offering certain confidentiality and...more
As part of the well-publicized reductions in force taking place at Twitter, former employees and their advocates have heavily criticized the severance packages the company offered. In many cases, those offers were limited to...more
Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more
A frequently used step to control costs in times of uncertainty is to reduce personnel. A well-planned restructuring or reduction in force, generally referred to as a “layoff,” can achieve meaningful cost reductions...more
If employees are required to provide proof of COVID-19 vaccination or a timely negative COVID-19 test, and/or wear a mask as a condition of employment (COVID-19 Policies), and an employee is terminated for violating a...more