In a recent article reporting on the National Labor Relations Board’s (NLRB or Board) decision in McLaren Macomb, which changes the Board’s approach to the lawfulness of key provisions often found in severance agreements, we indicated that the NLRB’s general counsel would eventually issue guidance on questions arising as a result of that decision. That day has come. On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05, Guidance in Response to Inquiries about the McLaren Macomb Decision. The Guidance covers a range of topics and questions of importance to employers.
In its February 21, 2023, decision in the McLaren Macomb case, the National Labor Relations Board (NLRB or Board) explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology that had permitted employers to include broad confidentiality provisions and non-disparagement clauses in severance agreements.
Digital, Video and Printable Versions of the Annual Report are now available at report.agc.org
Reaffirms Existing EEO and Affirmative Action Requirements
Dallas-Plano-Irving, Texas and Janesville-Beloit, Wisc. Have Largest 12-Month Gains, While Monroe, Mich., Lake Charles, La., and Sacramento--Roseville--Arden-Arcade, Calif. Experience Worst Year-over-Year Declines
In AGC’s annual survey with FMI, the top risks identified included price increases in materials and equipment, lack of skilled/craft labor as well as lack of field supervisors. While most respondents reported moderately higher or significantly higher backlogs today compared to the end of 2021, 70 percent of them admitted having a low labor force relative to backlog demands. Furthermore, almost 40 percent of survey respondents reported an increase in subcontractor defaults compared to a year ago.