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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Salary Transparency Comes to Job Listings in NYC

December 16, 2021
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On December 15, the NYC Council made it mandatory for all employers with four or more employees to provide minimum and maximum salaries on all job postings, effective April 14, 2022.

Chamber of Mothers Spreads Awareness and Advocacy for Paid Family Leave

November 18, 2021
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Chamber of Mothers is a newly formed group by moms and for moms, currently focusing on advocating for federal paid leave.

New York Extends The Meaning of Family to Include Siblings for NY Paid Family Leave (NYPFL)

November 5, 2021
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On Monday, November 1, Governor Kathy Hochul signed a law providing Paid Family Leave to individuals caring for siblings. New York already has one of the nation’s most extensive family leave programs, providing employees leave to bond with a new child, to provide care for a relative, or to provide care when a spouse, child, parent, or domestic partner are called into active military duty. The inclusion of siblings under relative coverage goes even further to protecting family’s time off when the need arises.

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