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Reviewing Top 5 Labor Law Developments in February 2023

National Labor Relations Board reinstated its previous standard for restricting employee severance agreements. Board General Counsel urged the Board to reinstate the Blocking Charge Rule. Labor Secretary Marty Walsh will step down from the Biden administration, and more. ....

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Religiously Affiliated Educational Institutions NLRB Jurisdiction

ALJ of NLRB issued decision hinting at changes for NLRA application toward religiously affiliated educational institutions. General Counsel Abruzzo indicated her interest in replacing the Bethany College standard with a new standard in her Mandatory Submissions to Advice. ....

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Possible Overturn of NLRB Religious Institution Test Exemption

NLRB ruled Catholic university in Florida exempt from Board jurisdiction as a religious institution. Case tees up test for religious institution exemption to be overturned by full Board, which would place more religious educational institutions under Board jurisdiction. ....

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NLRB Severance Agreement Clauses Interfere with Employee Rights

NLRB held that severance agreements containing certain nondisparagement and confidentiality clauses interfere with employee rights under Section 7 of the NLRA. The decision will impact employer severance agreements with both non unionized and unionized employees. ....

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NLRB Decision on Confidentiality Provisions in Severance Agreements

The National Labor Relations Board issued a decision that purports to ban confidentiality and non disparagement provisions from most employee severance agreements. In McLaren Macomb, the Board scrutinized severance agreements an employer gave to employees who were laid off. ....

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