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Severance Agreements Employer Liability Issues

Bradley Arant Boult Cummings LLP

Executive Contracts: What’s Common and What to Look For

For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more

Verrill

Orabona v. Santander: The Importance of ERISA Status for Severance Plans

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Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more

Fisher Phillips

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

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After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

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During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Lowenstein Sandler LLP

The Advantages and Requirements for Severance Plans Subject to ERISA

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This episode of “Just Compensation” features Andrew E. Graw, Megan Monson, and Jessica I. Kriegsfeld of Lowenstein Sandler's Executive Compensation and Employee Benefits group discuss when severance plans will be subject to...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

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Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

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We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Epstein Becker & Green

#WorkforceWednesday®: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB...

Epstein Becker & Green on

This week, we’re spotlighting the Federal Trade Commission’s (FTC’s) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission’s (EEOC’s) report on alleged underrepresentation in science,...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

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Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Venable LLP

The List of States Regulating Non-Disclosure Provisions Continues to Grow

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From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

Saiber LLC

New Jersey Supreme Court Holds That Non-Disparagement Provisions Seeking to Preclude Discussion About Claims of Discrimination,...

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In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more

Maynard Nexsen

Practical Considerations Regarding the Use of Non-Disparagement Provisions in Light of Increased Scrutiny

Maynard Nexsen on

For years, many employers routinely drafted severance agreements to include both confidentiality and non-disparagement obligations. Over the course of 2023, several federal agencies, including the NLRB and the EEOC, issued...more

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

BakerHostetler on

Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more

Polsinelli

New Year, New Severance and Settlement Agreement Rules for New York

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With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

Farella Braun + Martel LLP

[Hybrid Event] Employment Law Symposium - January 18th, 3:00 pm - 5:00 pm PST

Please join us at our 2024 Employment Law Symposium. The afternoon program promises invaluable insights that will keep you and your talent team at the forefront of California employment law trends....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

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In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...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

Seyfarth Shaw LLP

APAC Reductions in Force Blog Series — Breakdown of the Top 10 Things to Look Out for – Part 4 of 4

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In part three of our four-part series on Reductions in Force in Asia Pacific, we looked at severance costs and benefits, key timing challenges, and consultation with employees or employee representatives....more

Dentons

Confidentiality, Non-Solicitation, and Non-Competes: The NLRB Takes Another Swing at Contractual Relationships

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As discussed in prior Iowa Employment Law Insights articles, the National Labor Relations Board (NLRB) in McLaren Macomb addressed issues of the rights of employees to organize under Section 7, fundamentally limiting...more

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