Todd Lebowitz

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Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance agreements to employees (generally, non-supervisors) containing broad confidentiality and non-disparagement provisions.  In response to the widespread uncertainty related to the decision, NLRB General Counsel (“GC”) Abruzzo … Continue Reading

Joint Employer Test Must Consider ‘Reserved or Indirect Control,’ D.C. Circuit Rules

In 2009, the James Brown compilation album The Godfather’s Smackdown, Live! was released.It’sa two-disc compilation of live shows from 1980. I never saw James Brown live, but I did see James Brown’s Celebrity Hot Tub. On Friday, the D.C. Circuit Court of Appeals issued a different kind of smackdown, chastising the National Labor Relations Board (NLRB) for ignoring … Continue Reading
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