February 24, 2023
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NLRB Issues Ruling on Unlawful Severance Agreements

This week, the National Labor Relations Board issued a ruling stipulating that employers cannot make employee severance packages contingent on workers giving up NLRA-enacted rights. Specifically, that employers cannot prevent terminated employees from disparaging the employer or keeping the contents and existence of their severance agreement confidential.

In this most recent decision the board ruled that offering severance based on giving up labor rights was in and of itself an effort by employers to steer workers away from their statutory rights.  

According to board chairman Lauren McFerran, “It’s long been understood by the Board and the courts that employers cannot ask individual employees to choose between receiving benefits and exercising their rights under the National Labor Relations Act. Today’s decision upholds this important principle and restores longstanding precedent,”

The NLRB’s ruling is part of a larger strategy by the Biden administration to shore up workers’ rights. As of now, the common provisions of non-disparagement and confidentiality in severance agreements are not permissible under this ruling, however, it is expected to be appealed. The ruling also references potential carve-outs, which will be explored in the coming months. We will be monitoring this ruling closely as it has broad ramifications for our employer and employee clients signing or offering severance agreements.

Amended Labor Law in New York Ensures Employees’ Right to Paid Lactation Breaks Effective June 19, 2024

July 2, 2024
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Employers in New York are now required to give paid lactation breaks for breastfeeding employees.

Updated New York Labor Law Protects Employees Social Media Privacy

June 20, 2024
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New York Labor Law was recently amended limiting employer access to their employee's social media accounts.

Pregnant Workers’ Fairness Act Regulation Set to Take Effect June 18, 2024

May 15, 2024
Pregnancy Discrimination
The EEOC issues its final rule and interpretive guidance to implement the PWFA.

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