Kevin Sibbernsen at Jackson Lewis P.C.

Training Repayment Agreements Remain Under Federal Scrutiny

Training repayment agreements (TRA) are a tool for retaining employees after they received employer-paid training. Generally, a TRA requires an employee to repay an employer for the costs of training if the employee leaves...more

11/1/2023 / Consumer Financial Protection Bureau (CFPB) , Continuing Education , Debt , Employee Training , Employment Contract , Federal Trade Commission (FTC) , NLRA , NLRB , Section 7 , Training

NLRB GC Guidance on NLRB Decision Invalidating Confidentiality, Non-Disparagement Provisions in Severance Agreements

On March 22, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer A. Abruzzo issued a memorandum to all NLRB Field Offices on the implications of the Board’s February 21, 2023, decision in McLaren...more

4/13/2023 / Confidentiality Agreements , NLRA , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Protected Concerted Activity , Severance Agreements

Massachusetts Extends COVID-19 Emergency Paid Sick Leave To April 2022

The temporary COVID-19 Massachusetts emergency paid sick leave (MA EPSL) has been extended through April 1, 2022. In spring 2021, Massachusetts established a statewide mandate for employers to temporarily provide employees...more

9/30/2021 / Coronavirus/COVID-19 , Extensions , Family Members , Paid Sick Leave , Popular , Wage and Hour

NLRB Refuses To Deflate ‘Scabby The Rat’

A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor...more

7/27/2021 / NLRA , NLRB , Office of Administrative Law Judges (OALJ) , Protected Activity , Unions , Wage and Hour

Massachusetts Employers Must Provide Up To 40 Hours Of COVID-19 Emergency Paid Sick Leave

Massachusetts has established a statewide mandate for employers to temporarily provide employees up to 40 hours of COVID-19 Massachusetts emergency paid sick leave (MA EPSL) when they are unable to work due to specific...more

6/2/2021 / Caregivers , Coronavirus/COVID-19 , Earned Sick Time , Governor Baker , Notice Requirements , Paid Sick Leave , Quarantine , Required Documentation

Maine Takes Steps To Restart Economy Following COVID-19 Shutdown Order

Maine has begun Stage 1 of a four-stage plan to reopen the Maine economy following the stay-at-home order issued in response to the COVID-19 pandemic. Governor Janet Mills’ plan, Together We Are Maine: Restarting Maine’s...more

5/6/2020 / Coronavirus/COVID-19 , Executive Orders , Governor Mills , Health and Safety , Infectious Diseases , Re-Opening Guidelines

Labor Board Adopts ‘Contract Coverage’ Standard In Unilateral Change Cases, Overturns Precedent

The National Labor Relations Board (NLRB) has made it easier for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations Act (NLRA)....more

9/13/2019 / Collective Bargaining , Collective Bargaining Agreements (CBA) , Contract Terms , NLRA , NLRB , Unilateral Modification

NLRB Members Intend To Revisit Applicability Of ‘Contract Coverage’ Standard In Unilateral Change Cases

How the NLRB analyzes defenses to unilateral change unfair labor practice charges may be in for a substantial revision. National Labor Relations Board (NLRB) Chairman John Ring and Member Marvin Kaplan have signaled their...more

9/11/2019 / Collective Bargaining , Collective Bargaining Agreements (CBA) , NLRA , NLRB , Unions

NLRA Preempts Municipality’s Right-To-Work Ordinance, Seventh Circuit Holds

While the National Labor Relations Act allows states to enact right-to-work laws, it does not authorize local municipalities to do so, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held. I.U.O.E. Local...more

10/19/2018 / Hiring & Firing , NLRA , Preemption , Right to Work , Union Dues , Unions

NLRB General Counsel Urges Reversal Of Purple Communications Email Rule

The National Labor Relations Board’s office of the General Counsel is urging the Board to overrule its decision in Purple Communications, Inc., 361 NLRB 1050 (2014), which allowed employees to use employer email systems for...more

10/1/2018 / Email , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Purple Communications , Section 7

Kevin Sibbernsen

Jackson Lewis P.C.

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