Laborsphere

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions

On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance about the Board’s McLaren Macomb decision from earlier this year. The guidance made clear that the General Counsel will, when given the opportunity, prosecute a case before the Board to have the NLRB invalidate provisions in severance agreements that attempt to restrict the rights of departing employees to engage in activity protected by the National Labor Relations Act (NLRA). The General Counsel also emphasized her view of the retroactive application of the decision, noting that employers attempting to enforce old severance agreements will face new unfair labor practice liability even if the statute of limitations has run since the execution of the now-unlawful agreement. Although the General Counsel’s memorandum is not law, employers should pay close attention as the guidance indicates the position the General Counsel will take in prosecuting allegedly unlawful severance agreements.

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OFCCP Federal Contractor Portal to Open March 31 for Second Annual Required Certification

On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will open the certification period for its second annual certification cycle shortly on March 31, 2023. As previously reported, beginning in 2022, supply and service federal contractors and subcontractors (contractors) are required to annually certify the status of their annual affirmative action plans (AAPs). Like last year’s schedule, the OFCCP Contractor Portal is intended to be open until June 29, 2023.

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U.K. Immigration: Statement of Changes, 9 March 2023 – Points of Interest

The Home Office has released the first Statement of Changes for 2023. We have highlighted some of the most important changes announced on this occasion, including the Electronic Travel Authorisation, the Innovator Founder Visa / Start-Up Visa, the Senior or Specialist Worker Visa, the Expansion Worker Visa and the Youth Mobility Visa.

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Reforms to Puerto Rico’s Labor Law Declared Null and Void Ab Initio

On March 3, 2023, U.S. District Court Judge Laura Taylor Swain, presiding over Puerto Rico’s bankruptcy, issued an opinion declaring Act 41-2022 (Act No. 41) null and void ab initio.

Law 41-2022 Amendments

Act No. 41, which took effect in June 2022, amended several employment regulations that had been established by the 2017 Labor Transformation and Flexibility Act (LTFA). As previously reported, Act No. 41 sought to broaden several labor rights applicable to employees in the private sector. Specifically, the Act provided the following employment benefits:

Limited the probationary period to a maximum of three months;
Increased accrual of vacation and sick leave;
Extended the statute of limitations for workers to claim benefits derived from an employment contract to three years;
Required bonuses for eligible employees;
Mandated severance pay, calculated based on years of service, for employees dismissed without just cause from positions for an indefinite term;
Provided for ambiguous provisions to be interpreted in favor of the employee;
Directed employers to provide meal periods based on number of hours worked; and
Established that certain employees were entitled to one day of rest for every six days worked.

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Ninth Circuit Rules California Employers Can Require Arbitration Agreements

Some good news for California employers: recently, the U.S. Court of Appeals for the Ninth Circuit ruled that California employers can require employees and applicants to sign arbitration agreements as a condition of employment, reversing its own prior decision which vacated U.S. District Court for the Eastern District of California’s grant of a preliminary injunction against enforcement of Assembly Bill 51 (AB 51).

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What Is the Future for Digital Technology Global Talent Visas as Tech Nation Announces Closure?

The Global Talent visa scheme launched in February 2020 as a bespoke immigration route designed to attract talent to the United Kingdom (U.K.).

Foreign nationals can apply for a Global Talent visa to work in the U.K. if they are a leader or potential leader in the fields of academia or research, arts and culture, or digital technology.

Most applicants, unless they have won an eligible award, can only apply for a Global Talent visa if they have successfully obtained an endorsement from an approved body that verifies them as a leader or a potential leader in their field.

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