News & Analysis as of September 13, 2024

Equal Employment Opportunity Commission (EEOC)

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on 4/1/2024

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

A Reminder for Employers: Review Your Separation Agreements

Holland & Hart - Employers' Lawyers on 12/4/2023

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

Holland & Hart - Employers' Lawyers on 10/3/2023

by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...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

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 Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on 2/28/2023

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

Cranfill Sumner LLP on 7/25/2014

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

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