On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a new decision restricting the ability of private-sector employers to include non-disparagement and confidentiality provisions within severance agreements. The decision, McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO, Case 07–CA–263041, reversed two Trump-era decisions that permitted
This week the United States Supreme Court held that highly compensated employees are not exempt from overtime requirements unless they are paid on a salary basis. In other words, employers cannot avoid paying overtime to employees simply because they earn a high hourly or daily rate. Rather, employers must provide employees with a reliable, predetermined compensation regardless
As employers explore new ways to store and process biometric employee information, a new decision by the Illinois Supreme Court should cause them to exercise extreme caution when doing so.
The case, Cothron v. White Castle, relates to a federal class action law suit raising issues under the Illinois Biometric Information Privacy Act (“BIPA”).
Current and former college athletes are suing the National Collegiate Athletic Association (“NCAA”) over the NCAA’s failure to pay them an hourly wage. Last week, the Third Circuit heard argument about whether student athletes may be considered employees under the Fair Labor Standards Act. (“FLSA”).
The case before the Third Circuit is not unique. In 2016
In a move with profound implications for workplaces, the Federal Trade Commission (“FTC”) on Thursday, January 5, 2023, issued a sweeping proposal that would ban all non-compete agreements between employers and employees. While the timing was a bit of a surprise, the move had been telegraphed since mid-2020 when President Biden issued an executive order
As the holiday season approaches, the National Labor Relations Board (“NLRB”) issued four pro-labor decisions of varying impact. One decision maintains the status quo; two decisions return to an Obama-era standard, and the fourth creates an entirely new remedy for unfair labor practice cases. Each case will be addressed in turn below.
Maintaining the Status
The year is 2015. An employee, employer, and local union enter into a last chance agreement that forbids the employee’s use of controlled substances. If the employee violates the agreement, he may be subject to immediate termination. Subsequently, the claimant begins using medical marijuana in compliance with the terms of the Palliative Use of Marijuana
For employers considering layoffs—as several in the tech sector have announced recently—there are multiple factors to consider to reduce exposure to lawsuits.
For example, employers may wish to examine whether the proposed layoff will have a disparate impact on a protected group.
But employers can also reduce their exposure to lawsuits by providing severance agreements
On Friday, the Chairman and the General Counsel of the National Labor Relations Board authored a letter to Congress, informing lawmakers that without additional funds in the upcoming year, the NLRB will be forced to furlough employees amidst a budget crisis — even as the agency’s workload surges. The letter paints the issue in stark
Recently the Connecticut Department of Labor (“DOL”) issued new regulations under the Connecticut Family and Medical Leave Act (“CTFMLA”). As detailed below, the new regulations explain the expanded coverage of the revised CTFMLA to a larger number of Connecticut employers and provide broadened benefits to covered employees. While some of the changes merely mirror the