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Two bills recently introduced in New York’s legislature could have a major impact on New York employers seeking to enter into employment-related agreements with employees. Invalidating “Unconscionable” Contract Terms - ...more
On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more
Employers terminating employees frequently offer severance payments in exchange for the employees’ entry into a separation agreement. Generally these separation agreements include a release of claims along with other...more
The National Labor Relations Board’s (the “Board”) decision in McLaren Macomb, significantly changes what employers are allowed to include in a departing employees’ severance/separation agreements or packages. The Board’s...more
For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect the employer on two...more
The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more
The National Labor Relations Board (NLRB) recently indicated that when drafting severance or general release agreements, employers have to rethink how they use standard non-disparagement and confidentiality clauses. On...more
The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren...more
On February 21, 2023, the National Labor Relations Board (NLRB) held that including broad confidentiality and non-disparagement clauses in severance agreements violates the National Labor Relations Act (NLRA)...more
During the past few years, employers have seen efforts to restrict the use of confidentiality and nondisparagement provisions in severance agreements at both the state and federal levels. The National Labor Relations Board...more
The United Kingdom’s Good Work Plan amended Section 1 of the Employment Rights Act 1996 (ERA) to impose a new obligation on employers to provide all employees and workers with a written statement setting out key terms and...more