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In a decision issued Feb. 21, 2023, the National Labor Relations Board (NLRB) set a new precedent regarding confidentiality provisions. The McLaren Macomb case involved furloughed employees that were offered a severance agreement containing non-disparagement language that prohibited them from making negative statements about the employer. The agreement also contained a confidentiality provision that prohibited the employees from discussing the terms of the agreement itself.…

Continue Reading NLRB targets confidentiality provisions in severance agreements

The legal and mainstream media is still abuzz following the Federal Trade Commission’s Jan. 5, 2023, Notice of Proposed Rulemaking that would ban all employee non-compete agreements nationwide. And earlier this month, a bipartisan Senate bill was introduced (the Workforce Mobility Act of 2023, sponsored by U.S. Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.)) that also would ban non-competes across the board (except, as in the FTC’s proposal, in connection with the sale of a business). But comments made by President Biden in his Feb. 7 State of the Union Address signal that a more measured approach focused on banning non-competes for low-wage workers may ultimately be what becomes law.…

Continue Reading Biden State of the Union signals measured approach on non-compete ban

U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap initial registration period for fiscal year 2024 will be from March 1, 2023, 12 p.m. EST to March 17, 2023, 12 p.m. EST. During this time, employers and their representatives may submit an H-1B registration for a chance to be selected among one of 85,000 employers to proceed forward to the next stage of the H-1B process.

Continue Reading H-1B cap registration period opens March 1, 2023

On Jan. 5, 2023, the Federal Trade Commission (FTC) announced a slate of proposed rulemaking. Of interest to employers in particular is a proposed rule that would completely ban the use of non-competition or non-compete agreements, which prevent employees from working for a competitor or starting a competing business. Typically, these agreements often last months or years and are limited to a certain geographic scope. The FTC noted that it believes non-compete agreements often have the effect of lowering workers’ wages.…

Continue Reading FTC announces proposed rule prohibiting non-compete agreements

COVID-19 has presented employers with leave challenges not only for those currently suffering from COVID-19, but also for employees who have lingering residual symptoms, sometimes referred to as “long COVID.” While the effects of routine COVID-19 cases often have a limited impact on the workplace, more difficult accommodation issues can result from long COVID.
Continue Reading Long COVID implications under FMLA and ADA

The term “quiet quitting” has recently been hard to avoid on the internet, in the media and in the workplace. Unlike its name implies, it has nothing to do with the employee actually quitting their job. Rather, it’s when an employee will not give more than the bare minimum and put in any extra effort. Employers can attempt to improve performance by such employees by ensuring they have good managers in place throughout their organizations.
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Continue Reading Quiet quitting: Why it matters, and what employers can do to increase employee engagement

How Constellium should inform employers’ policies and practices 

Assume an employee writes the words “whore board” on company overtime sign-up sheets. Serious misconduct, right? In fact, the employer faced with this situation terminated the employee for offensive conduct.

In Constellium Rolled Products Ravenswood, LLC v. NLRB, the U.S. Court of Appeals for the District of Columbia agreed with a National Labor Relations Board (NLRB) decision finding the termination was unlawful. The case illustrates that National Labor Relations Act protections sometimes can trump an employer’s right to regulate potentially offensive language at work.…

Continue Reading When it comes to employee discipline, consistency is key