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ARTICLE · 22 FEBRUARY 2018

Considering Offering Severance Pay In Exchange For Certain Post-Employment Obligations? Think Again.

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An employer violated employee's labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board ("NLRB") ...

United StatesEmployment and HR
Keahn Morris
Keahn Morris
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An employer violated employee's labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board ("NLRB") administrative law judge ("ALJ") in Baylor Univ. Med. Ctr., Case No. 16-CA-195335 (Fort Worth, TX, February 12, 2018) ("Baylor").

This decision is one of the first ALJ rulings to apply the NLRB's new standard for addressing the legality of facially neutral work rules applicable to union and non-union workplaces under The Boeing Company, 365 NLRB No. 154 (December 14, 2017) (" Boeing"). In Boeing, the new Republican NLRB majority overruled Lutheran Heritage Village-Livonia, 343 NLRB 646 ("Lutheran Heritage") and announced a new standard it will follow when it evaluates a work rule that, when reasonably interpreted, could potentially interfere with union and other protected concerted activity under Section 7 of the NLRA (Section 7 conduct). Notwithstanding the new, more pro-business Boeing standard, the ALJ

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