The National Labor Relations Board (“NLRB” or “Board”) issued a Decision and Order in McLaren Macomb and Local 49 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL-CIO, Case 07-CA-263041 (“McLaren”), on February 21, 2023, reversing its position by reinstating prior NLRB precedent finding the use of certain confidentiality and non-disparagement provisions in severance agreements violates the National Labor Relations Act (the “Act”).(more…)
National Labor Relations Act
The U.S. Supreme Court Upholds Class Action Waivers In Employment Arbitration Agreements
The United States Supreme Court has issued its much-anticipated opinion in Epic Systems Corp. v. Lewis, 584 U.S. __ (2018), and two companion cases. In a decision that will be welcomed by employers, the Court has upheld the use of arbitration agreements with class action waivers that require employees to litigate any claims against their employers individually in arbitration. Specifically, the Court has held that class action waivers in arbitration agreements between employers and their employees do not violate the National Labor Relations Act (NLRA) by preventing employees from engaging in protected concerted activity. (more…)