NLRB General Counsel Memo Argues Non-Compete Agreements Violate the NLRA

June 2, 2023 by Tom H. Luetkemeyer

The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo, said she believes that except in limited circumstances, the "proffer, maintenance, and enforcement of non-compete agreements" violates Section 8(a)(1) of the National Labor Relations Act (the Act). Memoranda such as this reflect the prosecutorial perspective of the General Counsel's office and direction to the Regional Directors on case handling. That said, Memorandum GC 23-08 is not a decision of the Board, a rule promulgated by the Board under its rule-making authority, or the result of a challenge to a Board decision in federal court. However, it certainly forecasts how this General Counsel and the Regions will assess non-competes and handle unfair labor practice charges involving these covenants. More ›

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

April 27, 2023 by Linda K. Horras

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed on December 29, 2022, further solidifies these requirements and makes employers liable for appropriate legal or equitable remedies under the FLSA. More ›

Amendment to New York State Labor Law Requires Employers to Display a Veterans Benefits and Services Poster

April 12, 2023 by Jason S. Greenfield

On January 1, 2023, an amendment to the New York State Labor Law went into effect, requiring all employers in the state who have fifty or more full-time employees to display a Veterans Benefits and Services Poster in a conspicuous place accessible to employees in the workplace. The poster include the following information regarding veteran services: More ›

Amendment to the New York HERO Act Requires Employers to Recognize Joint Labor-Management Workplace Safety Committees

March 7, 2023 by Jason S. Greenfield

On December 28, 2022, New York Governor Kathy Hochul signed legislation amending the New York Health and Essential Rights Act (HERO Act). The HERO Act was signed into law on May 5, 2021 in response to the COVID-19 pandemic, and was designed to protect private sector employees against exposure and disease during a future airborne infectious disease outbreak. More ›

SCOTUS Decision Shows that Highly-Compensated Employees Can Still Be Eligible for Overtime Pay

March 1, 2023 by Hinshaw & Culbertson LLP

A recently decided case by the U.S. Supreme Court shows that even highly-compensated employees can be mislabeled as overtime-exempt under the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court addressed this very matter in its decision in Helix Energy Solutions Group, Inc. v. Hewitt. More ›

NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions

February 24, 2023 by Tom H. Luetkemeyer

The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40, RN Staff Council Office and Professional Employees International Union, AFL-CIO (Case 07-CA-263041), the NLRB found that including broadly-worded non-disparagement and confidentiality provisions in a separation agreement was unlawful, notwithstanding the lack of an intent to chill or limit the exercise of Section 7 rights of employees under the National Labor Relations Act (the Act). More ›

New York State Employers Must Provide Digital Copies Of Workplace Posters

January 26, 2023 by Jason S. Greenfield

On December 16, 2022, Governor Kathy Hochul signed into law an amendment to Section 201 of the New York Labor Law. Previously, Section 201 had required that employers post certain rules and orders furnished by the Commissioner of Labor of the State of New York in conspicuous places on each floor of the employer’s premises. More ›

The 12 Days of California Labor & Employment – Day 12 "Employers Beware - Minimum Wage Updates for January 1, 2023"

December 23, 2022 by Hinshaw & Culbertson LLP

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment attorney gave to me: twelve drummers drumming and an update on minimum wage laws for 2023 and SB 1477. More ›

The 12 Days of California Labor & Employment – Day 11 "Additional Pay Data Disclosure Requirements"

December 22, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this eleventh day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and SB 1162. More ›

The 12 Days of California Labor & Employment – Day 10 "Additional WARN Act Requirements"

December 21, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1601. More ›

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