Evan Piercey

Evan Piercey

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Sixth Circuit Explicitly Sidesteps the NLRB’s McLaren Macomb Decision

The Sixth Circuit Court of Appeals recently declined to comment on the National Labor Relations Board’s (the “Board”) McLaren Macomb decision which took aim at overbroad non-disparagement and non-disclosure agreements....more

9/25/2024  /  Confidentiality Agreements , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Severance Agreements

NLRB General Counsel Releases Guidance in the Wake of McLaren Macomb

The NLRB’s General Counsel Jennifer Abruzzo has released a memo offering further guidance on the Board’s recent decision in McLaren Macomb. In our previous post addressing that decision, we highlighted several outstanding...more

3/28/2023  /  Confidentiality Agreements , Contract Terms , Guidance Update , NLRA , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Section 7 , Severance Agreements

Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements

Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more

3/2/2023  /  Confidentiality Agreements , Contract Terms , Hiring & Firing , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Severance Agreements

National Labor Relations Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in...

Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more

2/27/2023  /  Confidentiality Agreements , Contract Terms , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Separation Agreement , Severance Agreements

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The...more

9/19/2022  /  Biden Administration , Browning-Ferris Industries of California Inc. , Fair Labor Standards Act (FLSA) , Joint Employers , NLRA , NLRB , Notice of Proposed Rulemaking (NOPR) , Proposed Rules

New York Department of Labor Issues Proposed Regulations for HERO Act Workplace Safety Committee Requirement

The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees. We summarize the proposed...more

1/5/2022  /  Collective Bargaining Agreements (CBA) , Coronavirus/COVID-19 , Department of Labor (DOL) , Health and Essential Rights (HERO) Act , New York , NLRA , NYDOL , Proposed Regulation , State Labor Laws , Workplace Safety
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