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.

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Alex Berke for the Daily Beast: You Know What's Missing from the 'Dobbs' Opinion? Women.

June 27, 2022
Pregnancy Discrimination
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The US Supreme Court’s catastrophic and heartbreaking decision to overturn Roe v. Wade, which has guaranteed a woman’s constitutional right to an abortion for almost 50 years, has ignited a blaze of emotions across the country.

NY State Division on Human Rights Alleges Pregnancy-related Discrimination at Amazon

June 6, 2022
Pregnancy Discrimination
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The report suggests that Amazon consultants have identified reasonable accommodations that would allow workers with disabilities to continue performing their functions without undue burden. However, despite this knowledge, company officials continue to pursue a policy of forced unpaid leave rather than internally-identified accommodations.

New Report Adds Further Evidence We Need Universal Child Care

May 24, 2022
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The results of the survey, which polled 1,000 workers, showed that an overwhelming majority (69%) of women looking for work could be swayed to work for a company that offered childcare benefits.

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