News & Analysis as of

Severance Pay

Burns & Levinson LLP

Your Company’s Current Severance Agreement for Non-supervisory Employees Might Be Illegal – What To Do Next.

Burns & Levinson LLP on

If your company, like many, includes “standard” confidentiality and non-disparagement provisions in its employee severance agreements, those agreements may contravene a recent NLRB decision, McLaren Macomb. In that matter,...more

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

Employee Benefits and Rights in Puerto Rico: What to Know Now That Law 41-2022 Has Been Declared Null and Void

On March 3, 2023, the U.S. District Court for the District of Puerto Rico issued a decision declaring Law 41-2022 null and void, effectively reinstating the prior state of many of Puerto Rico’s employment statutory...more

Carrington Coleman

It’s Time to Revise Confidentiality and Non-Disparagement Provisions

Carrington Coleman on

The National Labor Relations Board (“NLRB”) recently restricted employers’ ability to use broad confidentiality and non-disparagement language in severance and other agreements. Background and Findings - In its...more


Germany: Optimizing Severance Pay to Finance Early Retirement

Littler on

Little known and therefore little used in Germany is the option of providing pension contributions instead of severance pay. If an employee has plans to retire early, or if a mutually agreed termination of the employment...more

Poyner Spruill LLP

Broad Confidentiality and Non-Disparagement Provisions in Release Agreements Subject to NLRB Scrutiny

Poyner Spruill LLP on

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

Morrison & Foerster LLP

NLRB Limits Use of Non-Disparagement and Confidentiality Provisions

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

Steptoe & Johnson PLLC

NLRB Finds that Confidentiality and Non-Disparagement Clauses in Severance Agreements May Violate Employees’ Rights

Steptoe & Johnson PLLC on

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

Holland & Hart - Employers' Lawyers

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

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

Constangy, Brooks, Smith & Prophete, LLP

What will that NLRB decision do to separation agreements?

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

Stevens & Lee

NLRB Doubles Back: Severance Agreements Cannot Require Employees to Waive NLRA Rights

Stevens & Lee on

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

Husch Blackwell LLP

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements (and Handbooks and Other Work Rules?)

Husch Blackwell LLP on

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

Thompson Coburn LLP

New NLRB ruling changes what terms private sector employers can include in many severance agreements

Thompson Coburn LLP on

On February 21, 2023, the National Labor Relations Board (“Board”) issued a decision that could have broad-ranging implications on what terms a private sector employer may include in a severance or separation agreement for...more

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

New Jersey’s Amended Mini-WARN Act FAQs, Part III: Liability Provisions, Penalties, and Preparing for the Effective Date

On January 10, 2023, Governor Phil Murphy signed legislation, which will become effective on April 10, 2023, amending the Millville Dallas Airmotive Plant Job Loss Notification Act—more commonly known as New Jersey’s...more

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

New Jersey’s Amended Mini-WARN Act FAQs, Part II: Notice, Severance Pay, and Releases

On January 10, 2023, Governor Phil Murphy signed legislation amending New Jersey’s mini-WARN law (NJWARN, officially named the Millville Dallas Airmotive Plant Job Loss Notification Act), and on April 10, 2023, these changes...more

Saul Ewing LLP

The Amended New Jersey WARN Act is Finally Going Into Effect, Bringing Mandatory Severance and Other Big Changes to Mass Layoffs...

Saul Ewing LLP on

After nearly three years of waiting and speculation, the amended New Jersey WARN Act that was first signed into law in January 2020, will finally become effective on April 10, 2023....more

Locke Lord LLP

Significant Changes Are Coming to the ‎New Jersey WARN Act – ‎What Large Employers ‎Need to Know

Locke Lord LLP on

Most employers are generally familiar with the federal Worker Adjustment and Retraining Notification Act (“WARN”), which offers protection to workers by requiring employers to provide notice sixty (60) days in advance of...more

Flaster Greenberg PC

Employers Should be foreWARNed: Amendments to NJ’s Mini-WARN Act Impose Heightened Obligations on Employers Conducting Layoffs

Flaster Greenberg PC on

On April 10, 2023, the New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Amendments (NJ’s Mini-WARN Act), finally will go into effect. The amendments, initially set to go into effect nearly three years ago,...more

Reed Smith

New Jersey WARN Act changes effective April 10, 2023

Reed Smith on

Pursuant to a Bill recently signed by New Jersey Governor Phil Murphy, the long-delayed changes to New Jersey’s mini-WARN Act will take effect on April 10, 2023. Employers in New Jersey contemplating a mass layoff, transfer...more


The Digital Dismissal Dilemma

Mintz on

The recent New York Times piece about the chaos arising from terminating remote workers highlights the difficulties employers face when laying off a distributed workforce of digital workers. Few employers are able to deliver...more

Epstein Becker & Green

#WorkforceWednesday: New Jersey's WARN Act to Become Strictest in Nation - Employment Law This Week®

Epstein Becker & Green on

This week, we explain how New Jersey's WARN Act (officially known as the "Millville Dallas Airmotive Plant Job Loss Notification Act") is set to become the strictest and most punitive in the nation: New Jersey Governor Phil...more

Parker Poe Adams & Bernstein LLP

Amid Twitter Severance Controversy, Practical Tips on Release Agreements

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

Greenbaum, Rowe, Smith & Davis LLP

Amendments to NJ WARN Act Bring Stricter Requirements than Previous NJ WARN and Federal WARN Acts

What You Need to Know: •The implementation of amendments to the NJ WARN Act, initially signed into law in 2020 and delayed by the pandemic, will now take place on April 10, 2023. •The amended Act expands which employees...more

Fox Rothschild LLP

New Jersey WARN Act Amendments Set to Go Into Effect

Fox Rothschild LLP on

After much delay, the long-awaited amendments to New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act) will go into effect on April 10, 2023. As previously indicated, the January 2020...more

Stevens & Lee

New Jersey WARN Act Amendments: Stricter Employer Obligations and Increased Employee Protections

Stevens & Lee on

Key Takeaways: •Notice to affected employees to be provided at least 90 days in advance •Mandatory severance for employees •WARN requirements triggered by mass layoffs impacting at least 50 employees •Part-time...more

Jackson Lewis P.C.

New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

Jackson Lewis P.C. on

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of...more

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
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