April 20, 2023

Labor and Employment Newsletter

4 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance Agreements

Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote about here, the Board ruled that employers generally cannot, as a condition of a severance payment, prohibit employees from disclosing the severance agreement terms or disparaging the employer. In the wake of the Board's ruling, employers have been left wondering under what circumstances, if any, an employer may condition confidentiality and non-disparagement for an employee's receipt of a severance payment.

What's in an Offer? Key Considerations for Drafting Effective Employment Offer Letters

An effective offer letter succinctly sets forth the material terms of an employee's employment and makes clear that no other "unwritten" terms are part of the agreement. This article highlights a few key terms that any offer letter should address.

Tracking the Power of Persuasion—Changes to LM-10 Disclosures May Be Coming, and Government Contractors Should be Particularly Mindful

On April 7, 2023, a proposed rule seeking to broaden "persuader" activity reporting requirements on the LM-10 Disclosure Form (the Disclosure Form) was sent to the Office of Management and Budget (OMB) for review, signaling that the regulation may go into effect in coming weeks. Engagement of labor relations consultants is a common tool used by employers to give employees a fuller picture of the reality of unionizing, so that employees can make a more informed decision about whether to join a union during an organizing campaign. These consultants, or "persuaders," can be a helpful educational resource for information that employees often won't get from the union seeking to organize the employees.

Maryland Legislation Repealing the Statute of Limitations for Civil Suits Based on Child Sexual Abuse Is Signed into Law

On April 11, Governor Wes Moore signed into law the Child Victims Act of 2023, which permits survivors of child sexual abuse to file a civil lawsuit at any time, repealing both the current statute of limitations and the statute of repose (laws which establish when civil claims are time-barred and can no longer be initiated). Maryland is now the sixteenth state to repeal its statute of limitations for civil child abuse claims, making it easier for survivors of child sexual abuse to bring civil suits based on abuse that occurred decades earlier.

Upcoming Event

Save the Date: 2023 NACUA Annual Conference

June 27-30, 2023 | Chicago, IL

Venable is proud to continue its sponsorship of the 2023 National Association of College and University Attorneys (NACUA) Annual Conference. The event will take place June 27-30, 2023 at the Hyatt Regency Chicago in Chicago, Illinois. We invite attendees to stop by our table.

Attorney Spotlight

Alexander ClementiAlex Clementi: I was drawn to the practice of labor and employment law because of the real-life implications that it has for individuals and organizations of all sizes. After eight years in the hospitality industry, I witnessed firsthand how these topics affect both employers and employees, and how getting employment questions wrong can have disastrous results. I am grateful for the opportunity to build relationships with clients and aid them in navigating the ever-changing and complicated needs associated with employment law to ensure the health of their businesses. Being a labor and employment attorney, I am exposed to both litigation and counseling work, and each issue presents different problems that need to be tackled in creative ways. Given how quickly the legal landscape in this field changes, the day-to-day is always fresh and constantly presents new challenges. I feel fortunate to be working with and learning from the exceptional labor and employment attorneys here at Venable.

About the Labor and Employment Group

The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.

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