Kenneth Kirschner

Kenneth Kirschner

Hogan Lovells

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U.S. NLRB makes it more likely to deem companies as joint-employers

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial...more

11/20/2023  /  Employer Liability Issues , Final Rules , Franchisee , Franchises , Franchisors , Joint Employers , NLRB , Wage and Hour

NLRB releases long-awaited employee handbook decision

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned...more

8/17/2023  /  Employee Handbooks , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Section 7

NLRB decision reverts Trump Board independent contractor test to Obama-era multi-factor test

The National Labor Relations Board (NLRB) has just weighed in on independent contractors – and has overturned the Trump-era standard in favor of the more complex Obama-era standard. In The Atlantic Opera, 372 NLRB 95 (2023),...more

7/11/2023  /  Employee Definition , Employer Liability Issues , Independent Contractors , Multi-Factor Test , NLRB

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

3/27/2023  /  Confidentiality Agreements , Employer Liability Issues , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Popular , Section 7 , Severance Agreements

NLRB purports to limit severance agreements: What this means for employers

On February 21, 2023, the National Labor Relations Board (Board) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), holding that non-disparagement and confidentiality provisions included in a...more

2/24/2023  /  Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , Section 7 , Severance Agreements , Unfair Labor Practices
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