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In brief

2023 was a landmark year for labor in the US, and 2024 is on track to keep up. Last year, the National Labor Relations Board (NLRB)’s General Counsel was relentless in overturning precedential decisions and standards impacting both unionized and non-unionized employers. The result was an overall employee-friendly shift to labor laws encouraging both unionization and concerted employee actions impacting working conditions. Key developments included restricting confidentiality and non-disparagement clauses in employee severance agreements, and attacking certain restrictions in noncompete agreements.


In full

2024 is on pace to keep up the pressure on employers. For instance, since the Board’s August 2023 Stericycle, Inc. decision, administrative law judges have ruled that 26 employer rules or policies run afoul of the new legal test for work rules. In fact, ALJs have found fault with two-thirds of the rules that they’ve analyzed under the Stericycle framework.

In this video, our Labor & Employment team break down the major developments in 2024 thus far, predict what’s next and share practical advice for guiding your company through the current employee-friendly labor landscape.

Speakers: William (Bill) Dugan, Joseph (JT) Charron, Remy Snead.

Key resources

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Related episodes

You may access all related episodes from The Employer Rapport here.

Author

William (Bill) Dugan is a partner in Baker McKenzie’s Employment and Compensation Practice Group, residing in Chicago and New York, chair of the US Disputes Employment Group, co-chair of the North American Employment Disputes Group, and a member of the Steering Committee for the North American Employment and Compensation Practice. Bill has been recognized as a leader in labor and employment law by Chambers, he has been repeatedly recognized for his superior litigation defense in Super Lawyers, and Legal 500 has stated that Bill is a “master in the art of defending corporations in litigation.” Bill represents management in complex litigation in federal and state courts and other tribunals throughout the United States, including trade secret and restrictive covenant matters, class and collective actions, and labor arbitrations. Bill also counsels employers on a wide range of Labor and Employment issues.

Author

JT Charron is an associate in Baker McKenzie's Chicago office and a member of the Firm’s Employment and Compensation Practice Group. Prior to joining the Firm, JT was an associate attorney with other leading law firms. Additionally, in 2015 JT advocated for disadvantaged children’s educational rights and interests at the Legal Services of Eastern Missouri's Children’s Legal Alliance and worked as Student Clinician at the Boesche Legal Clinic’s Immigrants Rights Project in 2014, where he represented refugees seeking asylum in the US.

Author

Remy Snead is an associate in the Employment & Compensation Practice Group in Baker McKenzie's Chicago office. Prior to joining the Firm, Remy worked as an associate at a well-known global law firm which focuses exclusively on labor and employment law.