Labor and Employment Law Newsletter - Spring 2023

Labor & Employment

ESG Investing and Litigation Risk after Thole

Colin M. Downes

The use of environmental, social and governance (or “ESG”) analysis in pension investing is controversial.

Labor & Employment

Non-Compete Agreements: The Trend Toward Obscurity?

Michael D. Schmidt

With some exception, non-compete agreements have historically been enforced by courts if reasonably tailored to protect legitimate business interests.

Labor & Employment

ChatGPT in the Workplace: To Restrict or Embrace, That Is The Question

Karla Grossenbacher

I am often asked by colleagues, “Do you have a sample ChatGPT policy for employers?” Although it would be convenient for all involved if there was a “one size fits all” policy on this issue, there is none, nor can there be one.

Labor & Employment

National Labor Relations Board: Non-Disparagement, Confidentiality Provisions May Violate Concerted Activity Rights

Martha Burke

The National Labor Relations Board (“NLRB” or the “Board”) held in a February 2023 decision, McLaren Macomb, 372 NLRB 58 (2023), that the “mere proffer” of a severance agreement which conditions receipt of benefits upon forfeiture...

Labor & Employment

Tribute to Bernard Ashe

The Council of the American Bar Association Section of Labor and Employment Law pays tribute to Bernard Ashe, who recently passed away on his 87th birthday, March 8, 2023

Labor & Employment

In Win for Organized Labor, Michigan Governor Repeals Controversial Right-to-Work Law

Ahmad Chehab

According to the National Conference of State Legislatures, roughly 50% percent of states in the country have laws prohibiting unions from requiring workers to pay union dues or fees as a condition of employment.

Labor & Employment

Belgium Introduces The 4-Day Work Week

Thomas De Jongh

On October 3rd, 2022, Belgium passed its so called “Labour Deal.” The goal of the Labour Deal is twofold: increasing the employment rate and providing workers with new opportunities to improve their work-life balance (and thus reduce the high...

Labor & Employment

Including Neurodiversity is Key to More Inclusive Workplaces

Craig Leen

If your field is labor and employment law, there is a good chance you’ve been asked to provide counsel in developing Diversity, Equity and Inclusion (DEI) programs.