The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements.

Maja Hartzell
Maja Hartzell represents employers in a range of labor and employment law matters, defending against claims of discrimination, harassment, and retaliation before federal and state courts and other administrative entities. She has experience defending clients against claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Family and Medical Leave Act, state whistleblowing statutes, along with the prosecution and defense of claims alleging breaches of restrictive covenants. In addition, Maja counsels employers on employee handbooks, employment agreements, and other employment policies and practices in response to and in compliance with developments in employment law.
U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay
The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly classified as exempt from overtime pay. In other words, an employee who made in excess of $200,000 a year was still owed overtime pay. The decision highlights the importance of employers meeting the “salary basis” test to satisfy what is commonly referred to as the white-collar exemptions from overtime pay.…