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Updates From Our Lawyers in Arizona

At Farhang & Medcoff, our lawyers in Arizona enjoy working with our clients on a long-term basis. Forging long-term partnerships with our clients enables us to take the time to thoroughly inform and advise them about the issues at hand and all of the applicable laws and regulations. Client education is a top priority for us, as it enables each of our clients to make informed decisions about their business, transactions, or other issues.

 

We encourage you to take a few minutes to look through our blog archive for topics of interest to you. With a focus on federal and state employment and labor law, our blog serves as a resource for business owners across Arizona. Do note, however, that if you need personalized legal guidance, you will need to schedule a consultation with our lawyers in Arizona.

NLRB General Counsel Issues Guidance on Employer Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

Last month, the National Labor Relations Board (“Board”) issued a decision in McClaren McComb, 372 NLRB No. 58 (2023), that overturned two Trump Board rulings permitting employers to include confidentiality and non-disparagement provisions in severance agreements (read Farhang & Medcoff's full legal alert on the decision here). Under the Board’s new rule, the “mere proffer” of a severance agreement, which includes an overly broad confidentiality or non-disparagement provision, violates the National Labor Relations Act (the “Act”). Previously, the Board held that severance agreements only violated the Act when accompanied by a showing of an anti-union animus and additional coercive or otherwise unlawful conduct.

New Decision from the National Labor Relations Board

In light of the National Labor Relations Board’s recent decision, all employers (unionized as well as non-union work environments) should revisit their use of two common provisions in their severance or separation agreements.

House Passes Respect for Marriage Act

The U.S. House of Representatives has passed a landmark bill requiring all fifty states to recognize the validity of legal marriages formed in other states. The bill—called The Respect for Marriage Act (the "Act")—awaits the President’s signature after passing both the Senate and the House with bipartisan votes of support.

House Passes #MeToo Era Bill Limiting Nondisclosure Agreements

The U.S. House of Representatives has passed a pioneering bill to nullify certain workplace nondisclosure agreements (“NDAs”) in cases of alleged sexual harassment or assault. The bill—called The Speak Out Act—awaits the President’s signature after passing the House with a 315-109 bipartisan vote last Wednesday afternoon and clearing the Senate with unanimous support last September.

Are Employers Responsible for Employee Misdeeds?

The short answer is the dreaded it depends (we know—clients hate this answer). So, we will clarify. First, employers are generally responsible for the actions of their employees during work hours, work activities, and in work-related locations.

How to Handle Monkeypox in Your Workplace

The good news first: only 14,000 cases of Monkeypox have been recorded in the U.S., and zero deaths have been attributed to Monkeypox.

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