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Employers with unions should be cautious of severance agreement language. The NLRB recently held that employers violate the National Labor Relations Act when it proposes severance agreements with confidentiality, non-disclosure, and non-disparagement provisions as requirements to severance benefits. This is a change! The NLRB held that conditioning receipt of severance benefits on the forfeiture of statutory rights, such as overly broad confidentiality and non-disparagement clauses, violates the Act. If your employees are part of a collective bargaining unit, ensure there is proper communication with the union before any furlough or termination decision. Furthermore, the use of provisions where NLRA rights are waived in order to receive severance should be carefully considered to avoid violations of the Act. Here is a link to the NLRB press release on its decision.

Estate Planning:

Being a victim of credit fraud is a personal nightmare. We are all at risk. One option that can help is to implement a credit freeze with the major credit bureaus. Equifax, Experian, and TransUnion each provides a credit freeze. Some commercial services will take care of all three. This is no guarantee you won’t be a victim, but a credit freeze is a relatively straightforward way to limit exposure to credit fraud. Keep in mind that you may start getting emails from the credit bureaus but you can unsubscribe.