The National Labor Relations Board (NLRB) continues to expand its authority to impose remedies on employers in its decision in Noah’s Ark Processors, LLC, rendering an unusual advisory opinion on the extent of the remedies that can be made available under a “broad...
Content By Alan M. Rauss
NLRB Offers New Guidance on Recent Severance Agreement Decision: Here’s What Employers Need to Do Now
Last month, we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren, the Board found violations of Section 7 in...
U.S. Supreme Court Revisits “Salary Basis” Test Required Under FLSA Overtime and Redefines “Paid on a Weekly Basis”
Employers often assume that a highly compensated supervisory employee will not be entitled to overtime pay when the employee works more than 40 hours in a work week. That assumption proved to be incorrect in a recent U.S. Supreme Court decision. The Case of Helix...
NLRB Reverses Course on Severance Agreements: Here’s What Employers Need to Know
The McLaren Ruling Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm. In this case, it’s the restriction, if not elimination, of...
Employer Guidance Following the FTC’s Proposal to Ban Non-Compete Agreements
On Jan. 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to workers. If made final, non-compete agreements...
Union Activity Continues to Rise: Best Practices for Your Business
The reported rate of union membership in the United States has been decreasing for the past 40 years, with recent numbers no exception to the slide downhill. Those numbers, however, are deceiving. Last year saw the most union elections in one year since 2015. And...
FTC Proposes New Rule Banning Non-Compete Agreements
Last week, the Federal Trade Commission (FTC) published the Non-Compete Clause Rulemaking, a proposed rule that would prohibit the use of non-compete agreements and preempt all state laws that provide less protection to workers. If made final, the proposed rule would...
President Biden Signs Bill Limiting Use of NDAs in Sexual Harassment Cases
[UPDATED 12/7/2022: Speak Out Act signed by President Biden] Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment....
Is Pay Transparency the New Normal? Here’s What Employers Should Know
Earlier this month, New York City became the latest jurisdiction to impose pay transparency requirements on employers. Effective Nov. 1, 2022, New York City’s Pay Transparency Law, an amendment to the New York City Human Rights Law, requires all New York City...
How Should Employers Respond to the New Age of Unionism?
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has more than 300 of its locations in the throes of union campaigns. Employers targeted by recent union organization efforts may be new to the...