National Labor Relations Board (NLRB) Archives

NLRB Attacks Non-Disparagement and Confidentiality Clauses in Employee Releases, Severance Agreements

by Christopher Foster, Marjorie C. Soto Garcia and P. Kevin Connelly | Mar 14, 2023 | Employment, Labor

Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality clauses regarding the terms and the amount of the agreement. On February 21, 2023, in McLaren Macomb, the National Labor Relations Board held that such clauses infringe on employees’ rights under the National Labor Relations Act. Importantly, McLaren applies to both unionized and non-unionized workplaces alike.

Return to Work | Managing Your Workforce During Periods of Uncertainty

by Lindsay Ditlow, Cristell Fortune, Abigail M. Kagan and Marjorie C. Soto Garcia | Nov 10, 2022 | Employment, Labor

How can employers manage their workforces during periods of economic uncertainty? In this McDermott webinar, Lindsay Ditlow, Cristell Fortune, Abigail Kagan and Marjorie Soto Garcia offer perspective on the following topics:

Communicating the transition
The impact on contractual and other obligations
WARN Act, furloughs, layoffs and salary reductions
Strategies for unionized workforces

Access the webinar.

Legally Mandated Benefit Plan Changes Still Require Bargaining

by McDermott Will & Emery and McDermott Will & Emery | Jun 15, 2017 | Employee Benefits, Employment, Health and Welfare Plans, Labor

A unanimous panel of the NLRB, including Chairman Philip A. Miscimarra, held that ACA mandates do not relieve an employer of its duty to bargain with a union representing its employees regarding certain health insurance benefit plan changes.

Read the full article.

What All Employers Need to Know About the New Joint-Employer Standard

by McDermott Will & Emery | Oct 22, 2015 | Employee Benefits, Employment

On September 17, 2015, McDermott hosted a webcast featuring, among others, four speakers from our own Employee Benefits, Compensation and Labor & Employment practice discussing the ramifications of the NLRB’s decision and the steps businesses should be taking to decrease risk associated with joint-employer relationships.

Click here to view the archived webinar (materials available here until December 17, 2015).

WEBCAST : What All Employers Need to Know About the New Joint-Employer Standard

by McDermott Will & Emery | Sep 9, 2015 | Employee Benefits, Employment

Thursday, September 17, 2015
12:00 – 1:00 pm CDT

On Thursday, August 27, 2015, the National Labor Relations Board (NLRB) issued a decision significantly expanding the definition of a joint employer. The decision has implications for most employers, both unionized and non-unionized. Joint-employer issues may affect businesses using contractors or staffing agencies; franchisers and franchisees; parent entities and subsidiaries; and private equity groups and their portfolio companies.

In addition to the NLRB’s decision, other federal agencies have signaled their interest in a broadened definition of what constitutes an employment relationship: the U.S. Equal Employment Opportunity Commission filed an amicus brief in the NLRB litigation urging a broader joint-employer standard, and the Wage and Hour Division of the U.S. Department of Labor recently issued guidelines with a sweeping definition of employee status. These changes may also have implications for the Affordable Care Act compliance and qualified benefit plans.

Please join us for a one-hour webcast to discuss the ramifications of the NLRB’s decision and the steps businesses should be taking to decrease risk associated with joint-employer relationships.

Click here to view the event listing.