Kenneth Kirschner

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Articles

SEC, whistleblowers and impact on employment-related agreements

Sep 12, 2024 | lexology.com | Michael DeLarco |Kenneth Kirschner |George Ingham |Tao Leung |Martha Steinman |Steve Abrams | +2 more

On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its rules against impeding potential whistleblowers from reporting misconduct.
U.S. NLRB makes it more likely to deem companies as joint-employers | JD Supra

Nov 20, 2023 | jdsupra.com | Muhammad S. Burney |Kenneth Kirschner |Zachary Siegel

The Final Rule (the Rule) replaces the prior rule adopted April 27, 2020 during the Trump administration. The Rule considers two or more entities to be joint employers if (1) each entity has an employment relationship with the group of employees, and (2) if the entities share or codetermine at least one of the employees’ essential terms and conditions of employment.
U.S. NLRB makes it more likely to deem companies as joint-employers

Nov 20, 2023 | lexology.com | Kenneth Kirschner |Zachary Siegel |Muhammad S. Burney

The National Labor Relations Board (NLRB or the Board) issued its final rule on the latest standard for joint-employer status on October 26, 2023, with an effective date of December 26, 2023. Joint-employer status is crucial because it dictates whether both entities must recognize and bargain with the unionized employees, and whether either entity may be liable for unfair labor practices committed by the other.
Employers take note: New I-9 forms required | JD Supra

Nov 6, 2023 | jdsupra.com | Muhammad S. Burney |Kenneth Kirschner |Zachary Siegel

Beginning November 1, 2023, all U.S.-based employers must use the revised Form I-9, Employment Eligibility Verification, edition date 08/01/23, when completing the employment eligibility verification process for employees. The edition date can be found at the bottom of the page on the form and instructions. All U.S. employers must accurately complete a Form I-9 for every individual they hire for employment in the United States, both citizen and non-citizen.
NLRB releases long-awaited employee handbook decision | JD Supra

Aug 17, 2023 | jdsupra.com | Muhammad S. Burney |Amy Kett |Kenneth Kirschner

Section 7 of the NLRA guarantees employees the right to self-organization, to form and/or join a union, to bargain collectively, to engage in concerted activity, and the right to refrain from all such activities. Section 8(a)(1) prohibits employers from interfering with, restraining, or coercing their employees in the exercise of Section 7 rights.
NLRB releases long-awaited employee handbook decision

Aug 16, 2023 | lexology.com | Kenneth Kirschner |Amy Kett |Zachary Siegel |Muhammad S. Burney

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) finally released its much-anticipated decision in Stericycle, Inc., 372 NLRB No. 113 (2023). The Board re-examined its prior precedent and overturned Boeing Co., 365 NLRB No. 154 (2017). Boeing established standards for assessing whether facially neutral workplace rules chill employees’ Section 7 rights under the National Labor Relations Act (NLRA), in turn violating Section 8(a)(1) of the NLRA.
NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements | JD Supra

Mar 27, 2023 | jdsupra.com | George Ingham |Kenneth Kirschner

The McLaren Macomb DecisionIn McLaren Macomb, the Board held that overly broad non-disparagement and confidentiality provisions included in severance agreements offered to certain employees violated Section 8(a)(1) of the NLRA. The Decision, issued February 21, 2023, overturned two Board rulings from 2020, which generally took the position that such provisions did not violate the Act. For a detailed analysis of the Decision, please see our recent post.