News

NLRB MARKS RETURN TO HEIGHTENED SCRUTINY OF EMPLOYEE SEVERANCE AGREEMENTS

 

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision significantly limiting the use of general confidentiality and non-disparagement clauses in severance and similar agreements with employees. The Board, in McLaren Macomb, 372 N.L.R.B. No. 58, found that an employer violated Section 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”) when it offered severance agreements to employees that contained broad non-disparagement and confidentiality provisions. In doing so, the NLRB overruled two 2020 decisions that had afforded employers greater leeway with the drafting, use, and offering of similar agreements.

 

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Latest News

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

Legal Updates

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

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