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• NLRB targets confidentiality provisions in severance agreements By Nikki Mayo    In a decision issued Feb. 21, 2023, the National Labor Relations Board (NLRB) set a new precedent regarding confidentiality provisions. The McLaren Macomb case involved furloughed employees that were offered a severance agreement containing non-disparagement language that prohibited them from making negative statements about the employer. The agreement also contained a confidentiality provision that prohibited the employees from discussing the terms of the agreement itself. The Board determined that the language in these two sections had the effect of... More
• Defense to temporary total disability compensation for Ohio employers may be limited By Rebecca Kopp Levine    The Tenth District Court of Appeals has thrown a curveball to Ohio employers by limiting a defense to temporary total disability compensation following the termination of an employee. In September 2022, a new law went into effect eliminating the doctrine of voluntary abandonment in Ohio workers’ compensation cases. That doctrine provided that an injured worker was not entitled to benefits when they voluntarily removed themselves from the workforce or were terminated for violation of written work rules. The new... More
• Biden State of the Union signals measured approach on non-compete ban By Nikki Mayo    The legal and mainstream media is still abuzz following the Federal Trade Commission’s Jan. 5, 2023, Notice of Proposed Rulemaking that would ban all employee non-compete agreements nationwide. And earlier this month, a bipartisan Senate bill was introduced (the Workforce Mobility Act of 2023, sponsored by U.S. Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.)) that also would ban non-competes across the board (except, as in the FTC’s proposal, in connection with the sale of a business). But... More
• Philadelphia Eagles lose workers’ comp appeal before Super Bowl By Rebecca Kopp Levine    Not only did the Philadelphia Eagles lose Super Bowl LVII, earlier this month the Eagles lost their multiyear effort to oppose former player Emmanuel Acho’s application for a workers’ compensation claim. In 2015, Acho injured his thumb while playing for the Eagles. He underwent surgery, the Eagles released him, and ultimately he never returned to playing professional football again. In 2018, Acho filed a petition for a workers’ compensation claim and requested disability benefits. Initially, a workers’ compensation judge found... More
• H-1B cap registration period opens March 1, 2023 By Laura Jurcevich    U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap initial registration period for fiscal year 2024 will be from March 1, 2023, 12 p.m. EST to March 17, 2023, 12 p.m. EST. During this time, employers and their representatives may submit an H-1B registration for a chance to be selected among one of 85,000 employers to proceed forward to the next stage of the H-1B process. The H-1B program is for employers sponsoring foreign nationals in... More
• FTC announces proposed rule prohibiting non-compete agreements By Nikki Mayo    On Jan. 5, 2023, the Federal Trade Commission (FTC) announced a slate of proposed rulemaking. Of interest to employers in particular is a proposed rule that would completely ban the use of non-competition or non-compete agreements, which prevent employees from working for a competitor or starting a competing business. Typically, these agreements often last months or years and are limited to a certain geographic scope. The FTC noted that it believes non-compete agreements often have the effect of... More
• Long COVID implications under FMLA and ADA By Nikki Mayo    COVID-19 has presented employers with leave challenges not only for those currently suffering from COVID-19, but also for employees who have lingering residual symptoms, sometimes referred to as “long COVID.” While the effects of routine COVID-19 cases often have a limited impact on the workplace, more difficult accommodation issues can result from long COVID. In routine COVID-19 cases, the employee is typically only away from work for five to 10 days. However, long COVID refers to a situation in... More
• Quiet quitting: Why it matters, and what employers can do to increase employee engagement By Jourdan Day    The term “quiet quitting” has recently been hard to avoid on the internet, in the media and in the workplace. Unlike its name implies, it has nothing to do with the employee actually quitting their job. Rather, it’s when an employee will not give more than the bare minimum and put in any extra effort. Employers can attempt to improve performance by such employees by ensuring they have good managers in place throughout their organizations. How does quiet quitting... More
• When it comes to employee discipline, consistency is key By Porter Wright    How Constellium should inform employers’ policies and practices  Assume an employee writes the words “whore board” on company overtime sign-up sheets. Serious misconduct, right? In fact, the employer faced with this situation terminated the employee for offensive conduct. In Constellium Rolled Products Ravenswood, LLC v. NLRB, the U.S. Court of Appeals for the District of Columbia agreed with a National Labor Relations Board (NLRB) decision finding the termination was unlawful. The case illustrates that National Labor Relations Act protections sometimes... More
• Circuit court upholds rest time regulations for commercial drivers By Emily Peffer    Recently, the Federal Motor Carrier Safety Administration (FMCSA) modified certain regulations impacting commercial drivers. The Final Rule made two changes related to the hours of service regulations for commercial drivers. Driver advocates challenged the new regulations and the dispute ultimately went to the Court of Appeals for the D.C. Circuit. The lawsuit alleged that the revised regulations were arbitrary and capricious. The Court of Appeals upheld the regulations. What the new regulations change The two aspects of the Final Rule challenged... More