Biden Officially Nominates Su To Replace Marty Walsh. This week, President Biden officially announced the nomination of Julie Su to replace Marty Walsh atop the Department of Labor. We have had numerous occasions to discuss Julie Su in this space. As we noted in the last iteration of this newsletter, "[s]hould Su be the nominee, employers should brace for somewhat of a transition from Walsh's emphasis on labor-related matters to those more squarely within Su's spheres of interest — enforcement of wage and hour laws and regulations." Prior to the move to the federal government, Su served as labor secretary in California for several years, where she earned a reputation as a fierce advocate for immigrants and low-wage workers. Also, relevant is Su's experience as an architect of AB 5 in California, a controversial law that addresses the classification of workers as independent contractors, a particularly salient topic as the federal Department of Labor is currently hyper-focused on misclassification of independent contractors.

NLRB Rules: No More Non-Disparagement In Severance Agreements. In a seemingly sea-changing decision, the NLRB has held that it is an unlawful employment practice to condition severance agreements on workers agreeing not to disparage the employer or speak to the contents of the agreement, as Seyfarth summarized here. The decision constitutes a reversal two decisions from the NLRB under the previous administration which rendered such provisions illegal...

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