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  • Top Five Labor Law Developments for February 2023 - Jackson Lewis

Top Five Labor Law Developments for February 2023 - Jackson Lewis

Tue, Mar 7, 2023 12:10 ET
in Press Release

  1. The National Labor Relations Board reinstated its previous standard for restricting employee severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023). The Board’s ruling applies to all severance agreements for employees covered by the National Labor Relations Act (NLRA) and restricts certain confidentiality and non-disparagement clauses, as well as releases of NLRA claims. The decision emphasized the importance of employees’ rights to make public statements about the workplace and that severance agreements restricting such statements prevent employees from participating in Board investigations or filing unfair labor practice (ULP) charges. The Board has not provided practical guidance on its ruling.
  1. The Board’s General Counsel urged the Board to reinstate the “Blocking Charge” Rule. Board General Counsel Jennifer Abruzzo voiced her support for the Board to return to its former rule allowing a ULP charge to suspend a representation election until the charge is resolved. In November 2022, the Board issued a Notice of Proposed Rulemaking and requested comments on proposed rescissions of its union representation procedures for blocking charges, voluntary recognition bar, and construction industry collective bargaining relationships. Abruzzo submitted a comment supporting the return to the pre-2020 procedures, including blocking a pending union election if a party files a ULP charge and the alleged conduct threatens to interfere with employee free choice. Abruzzo also...


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