Today, in perhaps the most significant change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB” or “Board”) announced a new framework that determines when employers are required to recognize and bargain with a union upon demand, without a representation election. Continue Reading Unionization Upon Demand:NLRB Announces Most Significant Change to Labor Law in 50 Years
Hope Goldstein is a Shareholder in Vedder Price’s Dallas and New York offices and a member of the firm’s Labor & Employment group.
Ms. Goldstein’s practice covers a wide range of issues concerning employers, and she provides both traditional labor law and employment law advice and litigation services. She has extensive experience representing clients in matters involving compliance with the National Labor Relations Act, labor negotiations and arbitrations, mergers and acquisitions, labor crisis management and long-term workforce strategies. More specifically, she negotiates, drafts and implements collective bargaining agreements, extension agreements and shutdown agreements. In addition, Ms. Goldstein’s employment law practice includes defending employers against discrimination, harassment, retaliation and the full range of statutory and common law employment claims.
Employers now have some guidance on the National Labor Relations Board’s (“NLRB”) recent decision finding that certain non-disparagement and confidentiality provisions in severance agreements violate the National Labor Relations Act (“NLRA”). In McLaren Macomb, the NLRB held that an employer violates the NLRA by merely offering a severance agreement with such provisions. As a reminder, Mclaren Macomb applies to all non-supervisory employees at all employers, not just employees who are members of a union and not just to unionized employers. A more detailed discussion of the case itself can be found here.Continue Reading NLRB General Counsel Answers Questions on Severance Agreements in New Memorandum
Employers will need to rethink the terms they include in severance agreements under the National Labor Relation Board’s (“NLRB”) ruling issued in McLaren Macomb, 372 NLRB No. 58 (2023). According to the February 21, 2023 decision, an employer violates the National Labor Relations Act (“NLRA”) and commits an unfair labor practice by offering a severance agreement containing certain confidentiality and non-disparagement provisions. Importantly, this decision applies to employers who are unionized, as well as those who do not have any unionized employees.Continue Reading NLRB Curbs the Scope of Severance Agreements forNon-Supervisory Employees at All Employers