P. Kevin Connelly

Sep 12, 2023 | jdsupra.com | David Beach |P. Kevin Connelly |Christopher Foster

In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot elections to determine if employees desired union representation or not and if employers had a duty to bargain with unions. In Linden Lumber v.

Mar 14, 2023 | employeebenefitsblog.com | Christopher Foster |P. Kevin Connelly

Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality clauses regarding the terms and the amount of the agreement. On February 21, 2023, in McLaren Macomb, the National Labor Relations Board held that such clauses infringe on employees’ rights under the National Labor Relations Act.