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Kutak Rock

CLIENT ALERT | February 2023

KUTAK ROCK: What Happens Once the COVID-19 National Emergency Ends in May?

The Biden Administration recently announced that the national emergency declarations, originally issued in 2020 because of the COVID-19 pandemic, will end on May 11, 2023. While in effect, the national emergency declarations required employee benefit plans to provide certain coverages and toll various deadlines. This Client Alert identifies steps employers should take to prepare to administer their plans upon the expiration of the national COVID-19 emergency. READ MORE


LITTLER Pregnancy and Lactation in the Workplace: An Update on
Laws Affecting Pregnant Workers

Thursday, March 30, 2023

10:00 a.m. PT | 11:00 a.m. MT | 12:00 p.m. CT | 1:00 p.m. ET

      Jessica L. Craft, Associate
    |     Mark T. Phillis, Shareholder 

For More Information 
Please contact Shea Geyer at or 214.880.8114.


STINSON LLP: NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provisions Unlawful

BY Stacey McClurkin Macklin, Stephanie Scheck and Matt Tews

Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board issued McLaren McComb, 372 NLRB No. 58 (Feb. 21, 2023) and ruled that a severance agreement (and potentially any agreement, including litigated settlement agreements) violates the National Labor Relations Act (NLRA) whenever the terms tend to interfere with employees' rights to organize or engage in concerted activity for their mutual aid and protection. That is not new. READ MORE


HOLLAND & HART LLP: End of Year Federal Employment Law Update: 2022


By Jordan Walsh

In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant and nursing employees. Employers are encouraged to consult with legal counsel regarding these changes to ensure their compliance with these changes. READ MORE.


Foley & Larder LLP: FTC Proposes Sweeping Federal Ban on Employee Noncompetes

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee noncompetes has been anticipated since July 2021, when President Biden signed an Executive Order calling on the FTC to exercise its “statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.”  READ MORE.



The ABA and its Women In Dispute Resolution Committee (WIDR) have shared their Directory of Diverse Mediators and Arbitrators for our Members to use in advancing their own D & I initiatives.  
Women and minorities are dramatically underrepresented on arbitration and mediation rosters. Because you are in a position to direct or influence the selection of neutrals when a dispute arises in your organization, the ABA/WIDR is asking that you add diverse candidates to your arbitrator and mediator rosters and request, recommend and select diverse candidates at every opportunity. The Directory provides a bank of qualified diverse neutrals with a wide range of expertise and experience. Please share it with your colleagues. The Directory is also available at 
If you have questions or would like more information or assistance, WIDR has a community of volunteers available to help, including assistance with program material and presentation. Requests may be directed to WIDR’s Colorado representative, Suzanne Cochran, at





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