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23 Mar 2023, 10:00 pm
In McLaren Macomb, 372 NLRB No. 58 , the Board found that confidentiality and nondisparagement restrictions in severance agreements violated the National Labor Relations Act (NLRA). [read post]
23 Mar 2023, 5:40 pm
When we last met, Robert Macomb had constructed his dam(n) bridge across the Harlem River. [read post]
23 Mar 2023, 8:58 am
On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board decision in McLaren Macomb, 372 NLRB No. 58 (2023). [read post]
23 Mar 2023, 4:00 am
” In McLaren Macomb, the NLRB found that asking an employee to agree to keep terms of an agreement confidential (even with exceptions for spouses, lawyers, and tax advisors, and as ordered by a court or agency) violated the NLRA because the former employee would be unable to discuss it with current employees, who might want to organize. [read post]
23 Mar 2023, 3:35 am
Abruzzo push the limits of McLaren Macomb in her interpretation? [read post]
21 Mar 2023, 4:00 am
Escribe sobre el tema la Lcda. [read post]
21 Mar 2023, 4:00 am
” by Jessica Piper (Politico) for Yahoo News Michigan: “Former Macomb County Public Works Commissioner Marrocco Sentenced to 3 Months in Prison in Corruption Probe” by Anna Liz Nichols for Detroit News Texas: “The Justice Department’s Fight Against Judge Shopping in Texas” by Perry Stein (Washington Post) for MSN Utah: “Got an Ethics Complaint Against an Elected Official? [read post]
20 Mar 2023, 12:09 pm
As we recently reported, the Board’s recent decision in McLaren Macomb (2023) prohibiting, among other things, confidentiality and non-disparagement clauses in severance agreements is a timely reminder of the Biden Board’s renewed emphasis on employee rights. [read post]
20 Mar 2023, 11:00 am
The Board sent shockwaves through employment law in its February 21, 2023, decision in McLaren Macomb, which held that simply offering a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”). [read post]
20 Mar 2023, 8:06 am
Maybe a better name would have been Macombs Damn Bridge Meet Robert Macomb: Grifter Extraordinaire Born in 1783, Robert Macomb was the youngest son of Alexander Macomb Sr., a Revolutionary war-profiter who made a fortune supplying the British forces in Ohio with food and arms. [read post]
17 Mar 2023, 2:00 am
The McLaren Macomb decision reverses a pair of Trump-era NLRB decisions issued in 2020. [read post]
12 Mar 2023, 10:00 am
Macomber, “that neither under the Sixteenth Amendment nor otherwise has Congress power to tax without apportionment a true stock dividend made lawfully and in good faith, or the accumulated profits behind it, as income of the stockholder. [read post]
10 Mar 2023, 9:50 am
The Decision In McLaren Macomb, 372 NLRB No. 58 (2023), the NLRB ruled that McLaren Macomb Hospital violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by offering to non-supervisor employees being permanently furloughed severance agreements that broadly prohibited the employees from making statements that could disparage or harm the image of the hospital and prohibited them from disclosing the terms of the agreement. [read post]
8 Mar 2023, 10:32 am
In late February, the National Labor Relations Board (NLRB) issued a groundbreaking decision in a case titled McLaren Macomb that calls into question the use of confidentiality and non-disparagement terms in, among other things, severance agreements and employment handbooks. [read post]
8 Mar 2023, 8:40 am
NLRB Cracks Down on Confidentiality and Non-Disparagement Provisions in Severance Agreements The NLRB held in McLaren Macomb that it is an unfair labor practice for employers to include non-disparagement and confidentiality provisions in severance agreements. [read post]
3 Mar 2023, 9:06 am
It’s unclear whether this type of provision was included in the Macomb agreement, but it doesn’t appear it would have mattered. [read post]
3 Mar 2023, 8:57 am
Macomber (1920), if it were held to remain good law beyond its immediate facts, would support holding it unconstitutional. [read post]
2 Mar 2023, 11:34 am
The National Labor Relations Board (the Board) has recently decided in McLaren Macomb and Local 40 RN Staff Council, that the mere proffer of a severance agreement without more, that contains provisions which on their face alone the Board could interpret to interfere with employees’ rights under Section 7 of the National Labor Relations Act, is an unlawful labor practice. [read post]
2 Mar 2023, 11:21 am
Specifically, in McLaren Macomb, 372 NLRB No. 58 (2023), the Board ruled that the inclusion of overly broad confidentiality and non-disparagement provisions in employment severance agreements is unlawful under the National Labor Relations Act (NLRA), which applies to most employers, even if not unionized — and even the mere offer of a severance agreement with these provisions violates the NLRA, regardless of whether the employee entered into the agreement. [read post]
1 Mar 2023, 12:44 pm
The Board’s opinion addresses the use of severance agreements by McLaren Macomb, a Michigan hospital that was forced to permanently furlough 11 employees in response to COVID-19. [read post]
