My March 7, 2023, blog addresses the National Labor Relations Board’s recent fascination with confidentiality, non-disclosure, and non-disparagement provisions in separation agreements.
Articles Discussing General Labor Law Topics And The NLRA.
GC Memo 23-05: General Counsel Issues Guidance on the NLRB’s Recent Decision on Non-Disparagement and Confidentiality of Agreement Provisions in Severance Agreements
Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) by merely proffering severance agreements containing overly broad non-disparagement and confidentiality of agreement clauses to permanently furloughed bargaining unit employees.
NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively
On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. In the memorandum, the GC states that she interprets the decision to apply retroactively to agreements already
CFPB and NLRB Sign Information Sharing Agreement to Target Employer Surveillance and “Debt Traps” for Employees
On March 7, 2023, the Consumer Financial Protection Bureau (CFPB), the federal government agency charged with protecting consumers in the financial sector, and the National Labor Relations Board (NLRB), the federal government agency tasked with protecting private sector employees’ rights to engage in union organizing and other concerted activity, announced
The Practical NLRB Advisor: Winter 2023
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December
The Practical NLRB Advisor – Issue 23, Winter 2023
In This Issue As Member Ring Departs, Precedent-Reversing Continues Board Restricts Use of Common Severance Agreement Clauses SCOTUS Ponders Preemption, Strikers’ Property Destruction Other NLRB Developments
Critical New Restrictions on Confidentiality and Non-Disparagement Provisions
In this episode, Jen discusses the National Labor Relations Board’s new decision regarding the legality of confidentiality and non-disparagement provisions.
NLRB Judge’s Decision Tees Up Reconsideration of Test for Religious Exemption
On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees up the test for the religious institution exemption to be overturned by the full
Labor Board Reinstates Standard Restricting Employee Severance Agreements
The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023).
NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance
A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes, capturing screenshots, and on-camera requirements for employees during work hours.
This has caught the attention of the National
Top Five Labor Law Developments for January 2023
More than 220,000 workers participated in over 300 total work stoppages in 2022, according to a Bloomberg Law report. The number of strikes is the highest recorded in 17 years. While the majority of work stoppages involved the retail industry, more than 100 strikes were attributed to coffee shops. The education industry also was affected heavily by work stoppages, as graduate student-workers, resident assistants, and teaching assistants nationwide struck to improve pay and working conditions. The year 2022 also witnessed an uptick in representation petitions and unfair labor practice charges.
NLRB Finds Business Closure Illegal But Backs Off Order to Reopen
In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for employers seeking to close shop, especially those operating in multiple locations.
The Year Ahead in Labor
Organizing and strike activity will continue its upward trajectory in 2023. Jackson Lewis principals Richard F. Vitarelli and Jonathan J. Spitz say macroeconomic factors (e.g., pay, staffing, health safety), a labor-leaning NLRB GC, and pro-union earmarks in government contracts are fueling the trend across the country.
Top Five Labor Law Developments for December 2022
The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022).
The Practical NLRB Advisor – Issue 22, Fall 2022
In This Issue Latest GC Memos Again Favor Labor Recent NLRB Cases Highlight Precedent-Shifting Agenda Other NLRB Developments