An NLRB ruling that nondisparagement or confidentiality clauses in separation agreements are unlawful if they would restrict or interfere with an employee's labor rights applies retroactively, according to a new General Counsel guidance memo.
The NLRB put the brakes on the use of nondisparagement and confidentiality clauses in separation agreements if they require employees to waive their rights under the National Labor Relations Act.
A long-standing rule shielding unions from lawsuits for damages caused when their workers exercise their right to strike could be in jeopardy in a closely watched case.
Updated to include the "workers' rights" amendment to the state constitution, adopted at the November 2022 general election, certified December 5, 2022.
Voters in Illinois and Tennessee each approved ballot initiatives amending their state constitution regarding labor rights. However, the measures were completely opposite to each other with one affirming the right-to-work and the other the right-to-bargain,
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