News & Analysis as of

Former Employee Hiring & Firing Human Resources Professionals

Parker Poe Adams & Bernstein LLP

How to Address Applicants' Noncompetes During the Hiring Process

Imagine this: You are filling a senior level position. You review hundreds of resumes, conduct dozens of screening interviews, and coordinate final interviews of the top candidates. After selecting the company’s top choice,...more

Sands Anderson PC

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

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Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: NLRB Announces that many Non-Compete Agreements are now in Violation of Federal Law

Shumaker recently published a Client Alert about the Federal Trade Commission’s (FTC) proposed rule essentially banning the use of non-competition agreements. In that Alert we advised clients that they should take a “wait and...more

Stoel Rives - World of Employment

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee...

The General Counsel of the National Labor Relations Board (NLRB), Jennifer A. Abruzzo, issued guidance on March 22, 2023, about the NLRB’s McLaren Macomb, 372 NLRB No. 58, decision from February 21, 2023, which reinstated a...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Your Non-Compete Might Not Be Enforceable For Much Longer

Whether you are an employer attempting to maintain and enforce non-compete provisions in contracts with your employees, or an employee trying to navigate career developments despite being subject to such a provision, you need...more

Dentons

Severance Agreements – Federal Implications

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In the last article, we covered an Iowa Court of Appeals case relating to severance/separation agreements and whistleblower claims. Other issues have cropped up regarding severance agreements and their enforceability but on...more

Katten Muchin Rosenman LLP

Recent NLRB Decision Impacts Employer Use of Non-Disparagement and Confidentiality Clauses

The National Labor Relations Board (NLRB) issued a recent decision that impacts the use of non-disparagement and confidentiality clauses in employee agreements. In the McLaren Macomb decision, the NLRB concluded that...more

Brownstein Hyatt Farber Schreck

The Federal Trade Commission Proposes Ban on Employer-Worker Non-Compete Agreements

On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (Proposed Rule) seeking to categorically ban nearly all employer non-competition agreements nationwide. If passed in its draft form,...more

Foley & Lardner LLP

An Employee Leaves ... Now What?

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Whether an employee leaves for another job or because the employer decided it was time for the employee to go, employers typically have to figure out how to replace a departing worker. ...more

McDermott Will & Schulte

Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices

As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...more

Foley & Lardner LLP

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Clark Hill PLC

Pennsylvania Supreme Court Holds that Former Employees are Not Entitled to Inspect their Personnel Files

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It is an issue that human resources professionals frequently face. An employee is discharged. The employee, or the employee's attorney, demands the opportunity to inspect the employee's personnel file to determine whether the...more

Zelle  LLP

Getting Releases Right

Zelle LLP on

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

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

Tips for Taking Advantage of California’s Extended Unemployment Appeal Deadline

Busy human resources (HR) managers will be relieved to know that California has done something to make their job just a little easier. The State of California recently enacted legislation extending the time period to appeal...more

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