Protecting Employers Since 1985

Court Of Appeals To Determine Whether To Enforce The NLRB’s Controversial Mclaren Macomb Decision That NDAs And Non-Disparagement Agreements Violate Federal Labor Law

By James B. Sherman / April 22, 2023

As predicted, the National Labor Relations Board’s recent decision in McLaren Macomb has quickly advanced to the U.S. Court of Appeals for the 4th Circuit. In February the NLRB declared that employers violate federal labor law if they include nondisclosure (NDAs) or non-disparagement clauses in severance agreements for non-managerial employees. The appellate court will decide…

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NLRB Details Harsher Remedies in Unfair Labor Practice Cases

By Richard H. Wessels / April 21, 2023

As our readers no doubt are aware, President Biden has promised that he will be the most union-friendly president in American history. He has appointed to the NLRB members and officials in keeping with this mission. The most recent change came out on April 20. The NLRB, in a decision (Noah’s Ark Processors), announced the…

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NLRB Launches “Know Your Rights” Card Series

By Richard H. Wessels / March 31, 2023

With its pro-employee majority and new General Counsel, the NLRB is continuing in their aggressive pursuit of employers. Recently they announced the development of a “Know your Rights” card series to educate workers on their rights under the National Labor Relations Act. The cards are designed to be printed, folded, and used by workers in…

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DOL OPINION LETTER SAYS EMPLOYEES CAN USE INTERMITTENT FMLA LEAVE INDEFINITELY TO AVOID OVERTIME OR HOURS THAT ARE AN ESSENTIAL JOB FUNCTION

By James B. Sherman / March 31, 2023

Many jobs require regular overtime or some minimum number of hours per day or week. If working a certain number of hours amounts to an essential function of a job, employees or applicants who cannot work those hours are generally unqualified. Even under the ADA, excusing a disabled individual from regularly working the hours essential…

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Federal Law – “Speak Out Act!” – Limits the Use of Non-Disclosure and Non-Disparagement Provisions in Pre-Dispute Employee/Employer Agreements

By Anthony J. Caruso Jr. / March 30, 2023

Effective Date: President Biden signed it into law on December 7, 2022. What It Does: Renders unenforceable non-disclosure and non-disparagement provisions in employee/employer agreements. Type of Agreements: Related to allegation of sexual assault and/or sexual harassment and that are entered into “before the dispute arises.”   “Before the Dispute Arises” Defined: Before a lawsuit is…

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NLRB Returns to Micro Units in NLRB Election Cases

By Richard H. Wessels / March 1, 2023

The pro union Board has returned to the Specialty Healthcare appropriate unit standard. This pretty much means that Unions will get whatever they want as the voting unit for a union organizing election. Click here for the NLRB’s press release. Questions? Contact Richard Wessels at 630.377.1554 or by email

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NLRB ISSUES SWEEPING DECISION DECLARING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES IN SEVERANCE AGREEMENTS UNLAWFUL

By James B. Sherman / February 22, 2023

Yesterday, the National Labor Relations Board reversed Trump-era Board precedent, and arguably expanded its precedent from the Obama administration, to declare unlawful two clauses commonly used by employers when offering severance packages. The decision in McLaren Macomb, Case No. 07-CA-263041 (2/21/2023) held that the employer, a Michigan hospital, violated the National Labor Relations Act by…

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“Honest Suspicion” of Employee’s Abuse of Approved FMLA Leave, Justified Suspension

By James B. Sherman / February 17, 2023

The U.S. Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit claiming an employer violated the FMLA by suspending its employee over his use of intermittent leave. The case involved a married couple who worked for the same employer. Both were certified and approved for intermittent FMLA leave, but for…

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Illinois Employers Be Alert: The CROWN Act Will Protect Natural Hairstyles in the Workplace

By Anthony J. Caruso Jr. / February 1, 2023

On June 29, 2022, Governor J.B. Pritzker signed into law the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act, effective January 1, 2023. What is changed: The CROWN Act amends the Illinois Human Rights Act in an expanded definition of protection due to race. What is the new definition of race: “Race”…

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Illinois Legislature Passes Paid Leave for All Workers Act Providing Annual Paid Leave Which May be Used for any Reason

By Jennifer Adams Murphy / January 13, 2023

On January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (the “Act”).  This Act is awaiting Governor Pritzker’s signing, but he has clearly indicated strong support of the Act and his intent to sign the Act into law.  This Act will not go into effect until January 1, 2024.  There…

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