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NLRB memo clarifies severance limitations

In February, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb, establishing that severance agreements with overly broad confidentiality and non-disparagement provisions violated Section 7 of the National Labor Relations Act (the Act). The decision raised many ...

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EEOC, courts at odds over mandatory job reassignment

Employment agreement

A disabled employee can no longer perform their job, even with accommodations. Is that employee entitled to other positions in the company, ahead of more qualified candidates? The EEOC says yes, but some federal courts disagree — including the U.S. ...

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What CEOs and HR need to know about SECURE Act 2.0

U.S. Capitol

SECURE Act 2.0, enacted at the end of 2022, has ushered in significant changes for retirement plans. While many changes are mandatory and will be handled by your third-party administrator, one optional provision should get leadership consideration: matching retirement contributions ...

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Employer can dock PTO for productivity shortfalls

Clock sitting in sand on the beach

If employees are failing to meet productivity quotas, a new ruling from a federal appeals court says that employers can go ahead and dock their paid time off (PTO). The opinion from the 3rd U.S. Circuit Court of Appeals only ...

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Federal agencies look to protect workers from surveillance, data collection

Remote work

The Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB) have entered into an information sharing agreement to better protect American workers from issues of worker surveillance, data collection, and “employer-driven debt.” While the two agencies have ...

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Accommodating employees with long COVID

Coronavirus germ

Long COVID can be considered a disability under the Americans with Disabilities Act (ADA). Information provided by the Job Accommodation Network (JAN), a service provided through the U.S. Department of Labor’s Office of Disability Employment Policy, offers guidance on how ...

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Protecting trade secrets before a layoff

Confidential files

Trade secrets can be the lifeblood of a company’s success. These confidential pieces of information – such as customer lists, product formulas, and strategic plans – can give a company a competitive edge in the marketplace. However, when an organization ...

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Supreme Court rules high-earning employee entitled to overtime

Punch clock

The U.S. Supreme Court recently ruled that even a highly compensated employee could be eligible for overtime, provided that the employee is not paid on a salary basis. In Helix Energy Solutions Group v. Hewitt, the court considered whether a ...

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DOJ aims to incentivize voluntary self-disclosure

The Department of Justice (DOJ) has announced a new policy outlining the benefits a company may receive for voluntary self-disclosure (VSD) of criminal conduct. A goal of the policy is to incentivize companies to come forward proactively when they discover ...

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Severance for silence? Not so fast, says NLRB

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

It’s a common practice for severance agreements to prohibit employees from disclosing the terms of the agreement or disparaging the company. But those provisions need to be used more judiciously, following a recent decision from the National Labor Relations Board ...

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