On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. In response to this landmark decision and the impact it will have on many employers, Reed Smith’s Labor & Employment team
Employment & Labor (U.S.)
NLRB stunner: Board rules that non-disparagement and confidentiality provisions in severance agreements are unlawful
On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. Overturning well-settled precedent, the Board held in a stunning decision that severance agreements containing non-disparagement and confidentiality provisions are unlawful under…
Major changes coming for many New Jersey employers using temporary workers
Many New Jersey employers, particularly those with fluctuating staffing needs, use temporary workers to supplement their staff. Typically, employers have contracts with staffing agencies who provide workers to meet the Company’s temporary staffing needs.
On February 6, 2023, Governor Murphy signed P.L. 2023 c.10, also known as the “Temporary Workers’ Bill of Rights” which may…
Illinois legislature passes Paid Leave for All Workers Act
On January 10, 2023, the Illinois legislature passed SB 208, also known as the Paid Leave for All Workers Act, a bill that provides paid leave to virtually all Illinois employees. Governor J.B. Pritzker is expected to sign the bill into law. SB 208 would take effect January 1, 2024.
SB 208 would guarantee Illinois…
New York employers must provide workplace notices and posters to employees electronically
For decades, businesses within New York State have been required by federal, state and, in certain cases, local law to physically post various notices and posters in the workplace. However, last month Governor Kathy Hochul signed into law Senate Bill S6805, which mandates that Empire State employers now also make any legally-required notices and…
New Jersey WARN Act changes effective April 10, 2023
Pursuant to a Bill recently signed by New Jersey Governor Phil Murphy, the long-delayed changes to New Jersey’s mini-WARN Act will take effect on April 10, 2023. Employers in New Jersey contemplating a mass layoff, transfer of operations or termination of operations that will impact 50 or more employees (regardless of part-time or full-time status)…
New York enacts warehouse worker protection law
On December 21, 2022, New York Governor Kathy Hochul signed the Warehouse Worker Protection Act (WWPA) into law. The WWPA is intended to protect warehouse workers from unreasonably demanding work quotas and goes into effect on February 19, 2023.
As detailed in this post, the WWPA establishes new requirements for distribution centers to disclose work…
BREAKING: FTC proposes rule to ban U.S. non-compete agreements
As we discussed in an October 2021 article regarding the future of restrictive covenant agreements in the U.S., President Biden in July 2021 directed the U.S. Federal Trade Commission (FTC) to explore potential ways to limit the use of non-compete agreements. On January 5, 2023, the FTC followed through on the President’s directive by proposing…
New York State enacts broad wage transparency law
As we detailed in a recent Thomson Reuters article, wage transparency laws have become the latest trend in US workplace-related legislation. Such laws have, to date, been enacted in noteworthy locales such as California, Colorado and New York City. On December 21, 2022, New York State became the latest jurisdiction to adopt a wage transparency…
NLRB makes it easier for unions to organize micro-units
Among a flurry of recent pro-union decisions, the National Labor Relations Board (Board) issued a decision on December 14, 2022 restoring an Obama-Era test for determining the appropriateness of a bargaining unit in representation proceedings. This recent decision is expected to give unions more power in determining the makeup of bargaining units and enable smaller…