Tidal Wave of Change for Employers: NLRB’s Attack on Severance Agreements, the Pregnant Workers Fairness Act, and the PUMP Act
Employers are facing a tidal wave of change resulting from several new laws and key legal developments occurring so far this year. Most recently, the National Labor Relations Board (“NLRB”) issued a key decision that affects employers that use severance agreements. In McLaren Macomb, the NLRB held that severance agreements that prohibit non-managerial employees from making statements that could disparage the employer or disclosing the terms of such agreements violate federal labor law. This decision marks a significant departure from the prior standard of examining the circumstances surrounding severance agreements. This decision may fundamentally change how and when employers use confidentiality and non-disparagement provisions.
On the legislative front, the Providing Urgent Maternal Protections for Nursing Mothers, or PUMP, Act, became law on December 29, 2022, and requires most employers to provide reasonable break times for employees to express breast milk for up to two years and to provide a shielded, secure space (other than a bathroom) for employees to express milk. Additionally, the Pregnant Workers Fairness Act is set to take effect on June 27, 2023, and requires most employers to provide reasonable accommodations for “the known limitations related to pregnancy, childbirth, and related medical conditions of a qualified employee,” unless the employer can show undue hardship.
Local employment attorneys Larry Smith and Tiffany Cox Stacy with Ogletree Deakins will review these recent legal developments and discuss best practices to ensure compliance with the same.