Think Before You Speak & Post: New Risks for Employees with Confidentiality & Non-Disparagement Provisions in Severance Agreements

On March 17, 2025   /   Employment Law, Non-Disclosure Agreements, Non-Disparagement Agreement   /   Leave a comment
Think Before You Speak & Post: New Risks for Employees with Confidentiality & Non-Disparagement Provisions in Severance Agreements

In a significant shift in labor and employment policy, the National Labor Relations Board (NLRB) has rescinded guidance related to its McLaren Macomb decision, a move that could have far-reaching consequences for employees negotiating severance agreements.  The rollback, initiated under Trump’s new leadership at the NLRB, weakens previous protections against overly broad confidentiality and non-disparagement clauses – provisions that have long been used by employers to restrict what departing employees can say about their former

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New NLRB Decision Makes it Harder for Employers to Classify Workers as Independent Contractors

On June 15, 2023   /   Employment Law, NLRB   /   Leave a comment
New NLRB Decision Makes it Harder for Employers to Classify Workers as Independent Contractors

In a recent decision, in Atlanta Opera Inc., the National Labor Relations Board (NLRB) returned to the 2014 FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA).  This decision overturns the SuperShuttle ruling from 2019 and establishes that makeup artists, wig artists, and hairstylists working at the Atlanta Opera are considered covered employees, rather than independent contractors.  The Board’s decision reinforces the use of common law factors in determining employment status

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