Jonathan Wetchler

Sep 25, 2024 | mondaq.com | Eve I. Klein |Jonathan Wetchler |Jonathan Segal

Confidentiality and nondisparagement provisions in severance and other employment-related agreements continue to be subject to significant scrutiny. In February 2023, the National Labor Relations Board (NLRB) held in McLaren Macomb,372 NLRB No. 58 (2023) that merely offering severance agreements with broad confidentiality and nondisparagement provisions to nonmanagerial and nonsupervisory employees violates the National Labor Relations Act (NLRA). See our previous Alert.

Aug 27, 2024 | shrm.org | Jonathan Wetchler

Takeaway: There is rarely a litmus test for determining the essential functions of a job or the tasks necessary to perform them—critical steps in evaluating whether potential accommodations are reasonable. This case shows the importance of involving people with personal knowledge about the job at issue, including the employee seeking the accommodation, when making these assessments.

Apr 11, 2024 | mondaq.com | Jonathan Wetchler

On April 1, 2024, OSHA published its new rule permitting employees to designate third parties, such as union officials, worker advocacy organizations and attorneys, to represent them during OSHA inspections. This means that an OSHA compliance officer inspecting a nonunion workplace may now be accompanied by a union official who does not work for the employer being inspected.

Apr 1, 2024 | today.westlaw.com | Jonathan Wetchler

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