On February 21, 2023, the National Labor Relations Board (NLRB, or the Board) issued a sweeping ruling with profound implications for employers. In the McLaren Macomb case, the Board overruled several of its own Trump-era decisions that held that employers may include broad confidentiality and non-disparagement provisions in their severance agreements.

The U.S. government recently released the first-ever joint compliance note from the U.S. Departments of Commerce, Treasury, and Justice concerning “cracking down” on third-party intermediaries used to evade both U.S. Russia-related sanctions and expert controls (the Note). Top officials at the U.S. Department of Justice (DOJ) have already stated that compliance with U.S. sanctions and export control laws and regulations is the “New FCPA [Foreign Corrupt Practices Act]” and the Note cements this rhetoric.

The United States Department of Justice (DOJ) just announced its first-ever Pilot Program on Compensation Incentives and Clawbacks. This game-changing initiative – which will be in force for three years – will send significant ripples through executive compensation and government corporate resolution programs. Navigating this new program will require deft counsel who understand this new intersection between employment law and corporate compliance programs.

On February 13, 2023, two New Jersey State senators introduced a bill that, if passed, will affect long-term care facilities throughout the Garden State. The proposed legislation will supplement Titles 26 (the Health Care Facilities Planning Act) and 46 (of which Chapter 2B contains the Revised Durable Power of Attorney Act) of the Revised Statutes. A companion bill was introduced on February 16 in the General Assembly. Part One of this alert discussed the proposed legislation’s impact on long-term care resident admission agreements and arbitration agreements. This part covers the proposed changes to guardianship rules and the Medicaid application process.

On February 24, 2023, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) listed additional entities and individuals either operating in several key sectors of the Russian economy or suspected of aiding the unlawful evasion of U.S. sanctions. In addition, the U.S. government expanded the areas of the Russian economy subject to sanctions by adding the metals and mining sector of the Russian Federation.

On February 13, 2023, two New Jersey State senators introduced a bill that, if passed, will affect long-term care facilities throughout the Garden State. The proposed legislation will supplement Titles 26 (the Health Care Facilities Planning Act) and 46 (of which Chapter 2B contains the Revised Durable Power of Attorney Act) of the Revised Statutes. A companion bill was introduced on February 16, 2023, in the General Assembly. Part One of this two-part alert discusses the proposed legislation’s impact on long-term care resident admission agreements and arbitration agreements. Part Two will cover proposed changes to guardianship rules and the Medicaid application process.

In Walmart, Inc., et al. v. Leigh Ann Reeves (Case No. 2021-SC-0288-DG), the Kentucky Supreme Court recently addressed a case involving third-party criminal acts and premises liability.

Illinois Governor J.B. Pritzker is expected to sign the Illinois Paid Leave for All Workers Act (the Act) into law soon, granting most employees the right to earn 40 hours of paid leave annually beginning January 1, 2024. On January 10, 2023, the Illinois legislature passed the Act, joining Nevada and Maine in requiring paid employee leave for any reason upon either oral or written request.