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Search OptionsLabor and EmploymentNLRB Memo Clarifies the Implications of McLaren Macomb and Whether Employers’ Severance Agreements Violate Employees’ NLRA Rights
On February 21, 2023, the NLRB issued a decision in McLaren Macomb reversing its previous holding in Baylor University Medical Center and once again outlawing the use of overly broad non-disparagement and confidentiality agreements in severance packages. A previous Krieg DeVault LLP Client Alert (… New Law Further Restricts Indiana Physician Noncompetes
The Indiana General Assembly recently passed Senate Enrolled Act (“SEA”) 71, which further narrows the use of noncompete agreements with respect to all employed physicians, but especially primary care physicians. The new law will take effect on July 1, 2023, after Governor Eric Holcomb’s expected… Hush Money? Standard Severance Agreement Provisions May Violate Employees’ NLRA Rights
Overview On February 21, 2023, the National Labor Relations Board (the “NLRB”) issued a decision in McLaren Macomb which reversed its own precedent with respect to non-disparagement and confidentiality provisions in severance agreements. The NLRB’s recent decision reinstates prior precedent which… Evolving State Marijuana Laws May Impact Employer Hiring Procedures and Drug Testing Policies
As employers perform annual reviews of their employment policies, one area to be aware of is whether it is legal to consider marijuana use in the areas or hiring, firing, or drug testing. Many employers have employees in multiple states, either working remotely or at another office site, and… FTC Proposed Rule Would Essentially Ban Non-Compete Agreements (Podcast)
Elizabeth M. Roberson discusses the FTC's proposed rule that would virtually ban all non-compete agreements, including those entered into before the rule takes effect. Pregnant Workers Fairness Act And The Pump Act: What’s Changed?
The Pregnant Workers Fairness Act (PWFA) and the PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act, included as part of the recent Congressional spending bill, expand and clarify rights for pregnant and nursing workers. FTC Takes Unprecedented Action Against Non-Compete Agreements
Last week the Federal Trade Commission (“FTC”) took unprecedented action against multiple businesses due to their non-compete agreements with employees. This action comes in response to an Executive Order issued by President Biden well over a year ago in July of 2021 asking the FTC to act against… FTC Proposes Rule to Ban Non-Compete Agreements
On January 5, 2023, the FTC issued a proposed rule that purposes the ban of virtually all non-compete agreements, including those entered into before the rule takes effect. This breaks the silence from the FTC on this subject and is a direct response to the Executive Order issued by the Biden… Time for a Breakroom Makeover: EEOC Releases New “Know Your Rights” Poster
The Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022, which replaces the “Equal Employment Opportunity is the Law” poster last revised in 2009. In its press release, the EEOC states that the plain language… Is Your Workplace Correctly Classifying Employees and Independent Contractors?
On October 13, 2022, the U.S. Department of Labor (DOL) published a Proposed Rule to revise its prior guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This Proposed Rule rescinds a prior rule that was published on January 7, 2021,… Service and Emotional Support Animals (Podcast)
Shelley M. Jackson discusses the differences between service and emotional support animals and what rights are available for individuals who have them? Work Opportunity Tax Credits Can Increase Diversity and Reduce Labor Shortages
In a tight labor market with diversity, equity, and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC). Refining their recruiting approach may relieve staffing pressures and enhance workplace diversity,… |
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