Review Your Handbooks Now
In the fall of 2023, we encouraged organizations to review their handbooks based on recent NLRB decisions focused on employees’ rights to engage in protected activity even in non-union settings. We are renewing that call – as several states have implemented new laws that could have a significant impact on handbooks and employment policies. For […]
Handbooks & Policies: Common Rules May Violate NLRA
Recent decisions by the National Labor Relations Board (NLRB) have drastically altered the landscape for both unionized and non-unionized workplaces rendering many common workplace rules unlawful. Lake Effect previously reported on the NLRB’s enhanced scrutiny of confidentiality, non-disclosure, and non-disparagement provisions in employee separation agreements and other employee communications. The NLRB continues to focus on […]
Employers Beware: Your Noncompete May Violate Federal Law
NLRB General Counsel: Most Noncompete Agreements Violate the NLRA Many employers require employees to sign noncompete agreements before, during, or upon separation from employment in an effort to prevent direct competition and protect business interests. This long-standing practice faces increasing resistance from state legislatures, as well as federal agencies like the Federal Trade Commission. The […]
NLRB Scrutiny Requires Review of Employee Agreements
Based upon the NLRB’s recent decision in McLaren Macomb (February 23, 2023) and related General Counsel Memorandum 23-05 (March 22, 2023), employers (whether unionized or not) should review severance and other employment agreements containing confidentiality, non-disclosure, or non-disparagement provisions to ensure compliance with the Board’s restrictive new standards. In McLaren Macomb, the NLRB examined severance […]
