This week, we're highlighting how the National Labor Relations Board (NLRB) is cracking down on confidentiality and non-disparagement provisions in severance agreements, the U.S. Supreme Court has opened overtime to high-earning daily-rate workers, and the U.S. Court of Appeals for the Ninth Circuit is allowing mandatory arbitration in California despite state law.
NLRB Cracks Down on Confidentiality and Non-Disparagement Provisions in Severance Agreements
The NLRB held in McLaren Macomb that it is an unfair labor practice for employers to include non-disparagement and confidentiality provisions in severance agreements.
Supreme Court Opens Overtime to Highly Compensated Employees
The high court has ruled that a daily-rate worker earning over $200,000 a year is entitled to overtime because he does not meet the requirements for an overtime exemption under the Fair Labor Standards Act.
Ninth Circuit Keeps Mandatory Arbitration Alive in California
The Ninth Circuit held that AB 51, which made it illegal for California employers to require employees to sign arbitration agreements, is preempted by the Federal Arbitration Act.
Other Highlights
D.C. Council Delays Increase to Tipped Minimum Wage
Wage and Hour Defense Blog
Eric I. Emanuelson Jr, Corben J. Green
wagehourblog.com/2023/03/articles/tipped-employees/d-c-council-delays-increase-to-tipped-minimum-wage/
Update: NY Governor Approves Pay Transparency Law Amendments
Workforce Bulletin
Marc A. Mandelman, Nancy Gunzenhauser Popper, Lucas Peterhans
workforcebulletin.com/2023/03/06/update-ny-governor-approves-pay-transparency-law-amendments/
Time Is Money: A Quick Wage-Hour Tip on . . . the Tip Credit
Wage and Hour Defense Blog
Eric I. Emanuelson Jr.
wagehourblog.com/2023/02/articles/tipped-employees/time-is-money-a-quick-wage-hour-tip-on-the-tip-credit/
Trade Secrets Litigation: 2023 Update
Commercial Litigation Update
Peter A. Steinmeyer
commerciallitigationupdate.com/2023/02/28/trade-secrets-litigation-2023-update/
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