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Top Five Labor Law Developments for February 2023
  1. The National Labor Relations Board reinstated its previous standard for restricting employee severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023). The Board’s ruling applies to all severance agreements for employees covered by the National Labor Relations Act (NLRA) and restricts certain confidentiality and non-disparagement clauses, as well as releases of NLRA claims.

Jackson Lewis Adds Eric S. Clark in Cincinnati

CINCINNATI, OH (February 16, 2023) Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Eric S. Clark has joined the firm’s Cincinnati office as a principal. Eric joins the firm from Thompson Hine and has more than 20 years of experience in labor and employment law matters.

Top Five Labor Law Developments for January 2023
  1. More than 220,000 workers participated in over 300 total work stoppages in 2022, according to a Bloomberg Law report. The number of strikes is the highest recorded in 17 years. While the majority of work stoppages involved the retail industry, more than 100 strikes were attributed to coffee shops. The education industry also was affected heavily by work stoppages, as graduate student-workers, resident assistants, and teaching assistants nationwide struck to improve pay and working conditions.

Adriana Midence, Robert Capobianco and Kathryn White Spotlighted for $2.5M Verdict in Trade Secrets Trial

Adriana Midence, Robert Capobianco, and Kathryn White are spotlighted for a recent trial victory ordering two former top executives at pharmaceutical inventory company Capital Inventory to pay more than $2.5 million over accusations they took staff, clients and proprietary data out the door when they tried to make their own competing business in “Jury Finds Capital Inventory's Ex-Execs Stole Trade Secrets,” published by Law360.

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Jackson Lewis Bolsters Traditional Labor and OSHA Presence with Addition of Joshua M. Henderson

SAN FRANCISCO, CA (February 8, 2023) Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Joshua M. Henderson has joined the firm’s San Francisco office as a principal. Josh joins the firm from Norton Rose Fulbright and has more than 25 years of experience representing employers in all aspects of labor relations and employment law matters.

Bipartisan Bill to Ban Most Non-Compete Agreements Reintroduced in U.S. Senate

A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law. This follows on the heels of the proposed rule by the Federal Trade Commission (FTC) that would make most employment non-compete agreements, as well as “de facto” non-competes, an unfair or deceptive trade practice under federal law.

New OSHA Enforcement Guidance Promises Steeper Penalties for Employers

The Occupational Safety and Health Administration (OSHA) has announced two enforcement guidance changes with the goal of deterring violations by substantially increasing the penalties certain employers may face for alleged violations.

A Deeper Dive into FTC’s Proposed Non-Compete Rule

The Federal Trade Commission (FTC) proposed a new rule that, if made final, would (at least on its face) effectively prohibit non-compete agreements other than in very limited circumstances.

This special report follows up on our initial alert.

Top Five Labor Law Developments for December 2022
  1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the National Labor Relations Act have generally been limited to “make whole” relief, specifically restoring an employee’s actual lost wages caused by an employer’s or union’s unfair labor practices (ULP).
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