NLRB, Former Employee

NLRB General Counsel Steps Up Remedies for Unlawful Noncompetes and Targets “Stay-or-Pay” Agreements

Ballard Spahr LLP on 10/23/2024

On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more

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

Frantz Ward LLP on 7/22/2024

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

Ensuring Your Severance Agreements Are Lawful

CDF Labor Law LLP on 3/29/2024

Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

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

Maynard Nexsen on 1/24/2024

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

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

Littler on 12/20/2023

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

More Attacks on Employee Separation Agreements; Now the SEC Joins the Fray

Williams Mullen on 10/3/2023

In early September, the Securities and Exchange Commission (“SEC” or “Commission”) settled a charge it brought against Monolith Resources, LLC, a Nebraska-based energy and technology company. The SEC claimed in the charge...more

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

Sands Anderson PC on 8/4/2023

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

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

Shumaker, Loop & Kendrick, LLP on 6/7/2023

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

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

Stoel Rives - World of Employment on 5/23/2023

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

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

CDF Labor Law LLP on 5/10/2023

CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

Spilman Thomas & Battle, PLLC on 4/6/2023

In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

Nelson Mullins Riley & Scarborough LLP on 4/3/2023

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

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Wyrick Robbins Yates & Ponton LLP on 4/3/2023

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

NLRB Decision on Separation Agreements Affects All Private Sector Employers

Conn Kavanaugh on 4/3/2023

If your business needs to terminate an employee and offer a severance agreement, pay close attention to a February 21, 2023 decision by the National Labor Relations Board (“Board”), McLaren Macomb, et al., Case 07-CA-263041. ...more

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

DarrowEverett LLP on 4/3/2023

As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

Dickinson Wright on 3/29/2023

In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in...more

The End Of An Era, Separation Agreements In The Wake Of Mclaren Macomb: What Employers Need To Know

Adler Pollock & Sheehan P.C. on 3/29/2023

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

The Impact of McLaren Macomb Continues to Grow—Next Steps for In-House Counsel.

Burns & Levinson LLP on 3/28/2023

As a follow up to my post a few weeks ago on McLaren Macomb, the NLRB has issued new Guidance of which in-house counsel should take note....more

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Brooks Pierce on 3/24/2023

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more

The More You Know: An Update to “A 180 Degree Decision: National Labor Relations Board Holds Broad Confidentiality and...

Kilpatrick on 3/23/2023

On February 24, 2023, we issued an alert regarding the NLRB’s decision in McLaren Macomb. In that alert, we indicated that the NLRB would eventually issue guidance on questions arising as a result of that decision and,...more

National Labor Relations Board › Former Employee