In our last blog, we celebrated the decision in McLaren Macomb as a win for employees. In that decision, the National Labor Relations Board (NLRB) held overbroad confidentiality and non-disparagement clauses in severance agreements violated the National Labor Relations Act (“NLRA”). Check out our prior blog – Labor Board Rules Confidentiality and Non-Disparagement Provisions in …
New NLRB Guidance Regarding Severance Agreements Read More »
If your employer presented you with a severance agreement or you previously signed a severance agreement that requires confidentiality and/or non-disparagement provisions, keep reading as these provisions by may be illegal and unenforceable. Often, when employers terminate employees—as part as a reduction in force or a position elimination—the employer may present the affected employees with …
On December 15, 2022, the National Labor Relations Board held that employers who interrogate employees when defending an unfair labor practice complaint must first provide what are known as Johnnie’s Poultry warnings. This Miranda type warning must be given prior to any questioning and must: “communicate to the employee the purpose of the questioning, assure …
NLRB Uphold Employees’ Rights Prior to Interrogation By the Employer Read More »
The National Labor Relations Act protects workers’ rights to unionize as well as protects non-supervisory employees from retaliation if the worker engages in what is often referred to as “protected concerted activities” for the mutual aid and benefit of the workforce. Some examples of protected concerted activities include but are not limited to employees discussing …
Recent Development – NLRB Expands Recoverable Damages for Unfair Labor Practices Read More »
Often times employers want employees to keep their compensation information private and not discuss it with their co-workers. It seems logical, but is it legal? Generally, NO. It is illegal for employers to prohibit or prevent non-management employees from openly discussing their wages, among other topics, with other employees. What The Law Says: The federal …
