Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance agreements provided to eleven bargaining unit employees violated the employees’ Section 7 rights under the National Labor Relations Act (NLRA).
Archives for February 23, 2023
Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test
On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the white-collar exemptions to the Fair Labor Standards Act (FLSA). Because of this
How to hire HR and Product Managers
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NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees
On February 21, 2023, the National Labor Relations Board (NLRB) issued an important decision that may fundamentally change how and when employers use confidentiality and nondisparagement provisions.
New Whistleblower Intake Program Takes Effect for OSHA-Administered Whistleblower Statutes
On February 17, 2023, the Occupational Safety and Health Administration’s (OSHA) Directorate of Whistleblower Protection Programs’ new whistleblower complaint intake pilot program (Directive 23-01 (CPL 02)) went into effect, governing complaints covered by OSHA-administered whistleblower statutes. The directive creates a national pilot program changing OSHA’s intake process for whistleblower complaints.
OSHA Seeks to ‘Modernize, Expand, and Enhance’ Its Voluntary Protection Programs
Three years after issuing its revised Voluntary Protection Programs (VPP) policies and procedures manual, the Occupational Safety and Health Administration (OSHA) has announced that it is seeking public comment on its goal of modernizing the VPP.
CPPA Starts Rulemaking on Cybersecurity, Risk Assessments, and Automated Decision-making
While the California Privacy Protection Agency (CPPA) only recently approved revised amended regulations pertaining to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), it is already on to its next rulemaking.
On February 10, 2023, the CPPA issued an invitation for preliminary comments on proposed
California Legislature Update: Tracking New Bills that Could Impact California Employers
February 17th was not only the start of the President’s Day weekend but also the last day that California legislators could introduce bills for consideration during the 2023 legislative session. Jackson Lewis attorneys will be monitoring the below bills, which have the potential for a profound impact on California employers.