Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance?

Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance?

 

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Following the Federal Reserve’s interest rate increases and the resulting volatility in the stock markets, economists and government officials continue to debate whether the country will experience a hard or soft landing, or no landing at all. While some sectors...

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The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums significantly changing how employers must draft separation agreements and opining on the enforceability of noncompetition agreements. Can she do that?

 

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Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to note that certain provisions...

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The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

 

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What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?”  In many cases, employers can follow their own policy and impose discipline if appropriate.  But, where profanity...

VIEW ALL POSTS ABOUT: At Will Employment, Discipline and Discharge, Labor Law, Workplace Violence
What issues should employers consider before using automated decision-making systems in the workplace?

What issues should employers consider before using automated decision-making systems in the workplace?

 

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Employers using automated decision-making systems, including artificial intelligence, algorithms, machine learning, and other tools (collectively, “ADMs”), in connection with employment decisions are on the precipice of a drastically changed landscape concerning such use. The Equal Employment Opportunity Commission (“EEOC”) is...

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Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

 

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Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual employees. In such circumstances, employers may seek to offer...

VIEW ALL POSTS ABOUT: Employee Handbook / Policies, General, Labor Law, Post-Employment Restrictive Covenants