News and Updates
Category: Legal Update
March 2023 Legal Update
NLRB Rules Severance Can’t Be Contingent on NDA In the realm of HR, both severance pay and non-disclosure agreements (NDAs) are subjects that come up often. Employers are permitted utilize both - but they can’t be mutually exclusive, according to a recent ruling by the National Labor Relations Board (NLRB) in McLaren Macomb. Employers tying NDAs to severance packages may need to make some adjustments. Offering severance in exchange for sweeping confidentiality and non-disparagement clauses that silence former employees will now be considered a violation of federal labor law. NLRB determined on 2/22/23 that the practice specifically violates sections 7 and 8 of the NLRB Act. The 3-1 decision comes after a Michigan employer laid off 11 employees when businesses closed early in the COVID-19 pandemic. The company required such agreements to be signed as a condition of being offered a severance package. This ruling overturns two previous decisions made within the last decade that allowed employers to continue utilizing these tactics. NLRB said in their decision that an agreement of this type is “unlawful if it precludes an employee from assisting coworkers with issues concerning their employer, and from communicating with others, including a union, and the Board, about his employment.” All US employers are subject to NLRB policies, with the exception of the railroad and airline industries. The window for an appeal is still open, but
June 2022 Legal Update: ADA, IRS, EEOC and FLSA
IRS Mileage Change Earlier this month, the IRS announced that mileage rates for the last half of 2022 would be increasing $0.04 per mile, in response to the rising costs of fuel. Businesses should update their expense forms and software prior to Friday, July 1, 2022, when the new rates take effect. The standard mileage for business travel will increase to $0.625, and the rate for eligible medical or moving expenses will increase to $0.22. The rate for mileage incurred during service to a charitable organization ($0.14) is unchanged, as it’s determined by a different statute. Most light-duty vehicles get around 25 miles to the gallon, so at $0.04 per mile, reimbursement is roughly one dollar per gallon. The IRs usually sets rates in the fall for the coming tax year. Mid-year changes are fairly rare, and we haven’t seen one since 2011. We’ll keep you updated toward the end of this year when rates are updated again for the 2023 tax year. ADA Lawsuits Increase ADA lawsuits have been on the rise for the last several years, and they’re showing no sign of slowing down. The Americans with Disabilities Act (ADA) was intended to make things easier for people with disabilities. Sometimes it’s produced other outcomes, like disabled candidates getting fewer offers because employers are worried that the accommodations will be too difficult or expensive to meet. Typically, they aren’t – and remember, the requests have to be
