Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

The NLRB Limits the Reach of Confidentiality and Non-Disparagement Provisions in Severance Agreements Overruling Trump-Era Policies

Employers should exercise caution and closely examine the content of severance agreements to ensure compliance with a recent National Labor Relations Board (“NLRB”) decision.  On February 21, 2023, the NLRB restricted the breadth of permissible language of confidentiality and non-disparagement clauses when it issued its decision in McLaren Macomb and overruled its Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology.

Employment Law After Hours VIDEO - Talking Pay with Your Co-Workers: Rules Prohibiting Employees from Comparing Wages and Salary

Do you have policies or other rules that employees cannot talk about their pay, wages, or other benefits at work? Such policies may be illegal under the National Labor Relations Act, as regulated by the National Labor Relations Board. In this episode, we discuss concerted activity, which is protected for employees under law, and what employers can do legally to encourage a culture where employees are more comfortable discussing their pay with human resources, rather than each other. The NLRB can be very strict when analyzing handbooks and other policies that even implicitly prohibit such employee discussions on pay, wages, and salaries. It is important that you conduct routine handbook audits to ensure that such policies are not violating the law, which could lead to penalties and fines.

CLIENT ALERT: Class Action Waivers in Employment Contracts Upheld by Supreme Court

On May 21, 2018, in a 5-4 decision and a major win for employers, the United States Supreme Court upheld the legality of waivers in employment contracts that prohibit employees from grouping claims together in collective or class actions in favor of individual arbitration proceedings. See Epic Sys. Corp. v. Lewis, ___U.S.___ (2018).

NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision

NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision

President Trump’s Effect on the Workplace

When President-elect Trump takes office, what can employers expect? What will be the effect of his presidency on the workplace and workforce? The probabilities and possibilities range from minor to major changes, with both short and long-term effects.

NLRB Ruling re: Private University Labor Update

Graduate students employed by private universities are permitted to unionize under federal law.

The National Labor Relations Board “Joint Employer” Ruling

On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).