Sunday, March 28, 2010
Navigating Murky Waters of Employment Waivers and Releases by Eve Klein, Joanna Varson, and Keith Greenberg is an interesting article on employment releases and waivers in the Feb. 2010 NYS Bar Journal. The article surveys the major employment statutes and focuses on New York law. As the article states, the basic requirement is that any waiver be knowing and voluntary. Under an amendment to the ADEA, additional notice requirements must be met for the waiver to be knowing and voluntary. With respect to the NLRA, the article states:
The National Labor Relations Board (NLRB) has long
held that an employee cannot waive his or her right to file
an unfair labor practice charge under the National Labor
Relations Act (NLRA).27 As a general matter, the NLRA
permits employees to file an unfair labor practice charge
if an employer interferes with their rights to organize; to
form, join or assist a labor organization; to bargain collectively
through representatives of their choosing; or
to engage in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
Provisions of severance agreements that limit an
employee’s ability to file an unfair labor practice charge
to enforce such rights will be deemed unlawful.
Mitchell H. Rubinstein