Park Avenue Presentations: The NLRB’s 2023 Severance Agreement Ruling: Learn How Employers are Affected

The NLRB’s 2023 Severance Agreement Ruling: Learn How Employers are Affected

Duration: 90 minutes

Speaker: Dr. Jim Castagnera, Esq.

Webinar Description

On February 21, 2023, the National Labor Relations Board issued a decision restricting the use of confidentiality and non-disparagement clauses in severance agreements with departing employees. The Board’s decision reversed Board recent precedent --- a phenomenon we've seen with each party shift in the White House for decades now. This ruling finds that confidentiality and non-disparagement provisos have an “impermissible chilling tendency” on the employee’s Section 7 rights.

All private-sector employers should pay attention to this ruling. Section 7 of the NLRA applies to both union and non-union employers. It protects nonsupervisory employees’ rights to engage in “concerted activity” for the purpose of collective bargaining or other mutual aid or protection. Under the Biden Board's decision, this includes a right also to collaborate with one another on literally all work-related issues, and to talk freely--- whether in person or on social media--- about all HR issues of mutual concern.

Join Dr. Jim Castagnera, Esq., an HR lawyer with more than four decades of experience, in exploring the sweeping ramifications of this "back to the future" ruling that revives the Obama-Biden labor board's approach to Section 7 rights. REMEMBER: You don't have to have a union or face an organizing drive in order to get stung by an inadvertent violation of Section 7.

Agenda

What Dr. Jim will cover:

Overview of the new National Labor Relations Board (NLRB) ruling on the use of confidentiality and nondisparagement clauses in severance agreements
Understanding the legal implications and risks of using confidentiality and nondisparagement clauses in severance agreements
Analysis of the NLRB's rationale for restricting the use of confidentiality and nondisparagement clauses in severance agreements
Impact of the ruling on employers and employees
Best practices for drafting severance agreements in light of the new NLRB ruling
Considerations for employers when negotiating severance agreements with employees
Strategies for addressing confidentiality and nondisparagement concerns in the absence of these clauses in severance agreements
Recent examples of high-profile cases involving the use of confidentiality and nondisparagement clauses in severance agreements
Review of other laws and regulations that may impact the use of confidentiality and nondisparagement clauses in severance agreements

CONTINUING EDUCATION

Continuing HRCI Credit Information

This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.

Continuing SHRM Credit

SHRM Recertification Provider
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

Logistics

90-minute webinar (Travel-Free) delivered over the Internet.
Unlimited listeners per connection - bring the entire department.
Q&A session with the expert.

This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.

What is a webinar?

A webinar is a live Internet based seminar. Webinars are a way for participants in many different locations to see and hear a presentation and view PowerPoint slides. You can also have your colleagues attend the webinar using one connection.

What kind of equipment do I need?

You will need a computer with an Internet connection (high speed service such as DSL or cable works best) and a telephone. You may listen to the webinar through your computer speakers, in which case you will not need to use a telephone connection. Internet access is not required for phone-only participants, but you will not be able to see the speaker’s slides.

How can I share the webinar with my colleagues who may not be able to attend the event?

CDs of each program will be available for sale and can be shared with your business associates.

Can I get a copy of the PowerPoint slides used in the webinar?

The PowerPoint slides will be available on the materials page link in the confirmation email that will be sent to you no later than the morning of the day a webinar is presented.

How do I ask a question during the webinar? Will my question be answered during the presentation?

A question and answer session will be scheduled at the end of each webinar. You can then ask a question by typing it into the question box that will be provided to you duringthe webinar. You may also ask a question through the telephone connection. As many questions as possible will be answered during the Question and Answer period.