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February 23, 2023
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NLRB rules on confidentiality agreements and severance
(SOPA Images/Getty Images)
Requiring laid-off workers to sign confidentiality agreements in exchange for receiving severance has been prohibited in a new ruling by the National Labor Relations Board. The 3-1 decision overturns a previous ruling that said severance agreements only violate federal labor law when companies engage in unlawful conduct as they ask the workers to sign them.
Full Story: Reuters (2/22) 
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Workers, the economy, and benefits
How is the current economic uncertainty affecting workers? And what does that mean for your benefits program? Get fresh insights from our video presentation on the results and key takeaways from the new 2023 Voice of the American Worker Survey.
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Recruiting & Retention
Some retirees are considering a return to the labor market, and the workforce participation rate for adults ages 65 to 74 is expected to increase to 30.7% by 2031, up from 25.8% in 2021, according to the Bureau of Labor Statistics. Retirees thinking about getting a job should consider certain factors, including the effect it might have on Social Security and Medicare.
Full Story: CNBC (2/22) 
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Leadership & Development
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Benefits & Compensation
Employers have a leading role to play in making sure that all of their workforce -- including those working remotely some or all of the time -- have access to appropriate levels of support for their mental health. Even though pandemic precautions are being waived, mental health remains a hot-button topic across all groups of employees, with 40% of remote workers and 38% of hybrid workers reporting symptoms of anxiety or depression, compared to 35% of in-office workers, according to data from the Integrated Benefits Institute.
Full Story: Human Resource Executive (2/22) 
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Technology
The US Court of Appeals for the 4th Circuit has ruled that a South Carolina company might have run afoul of the Stored Communications Act by accessing a former employee's personal Gmail account that was used for work with the company's permission. The case highlights the importance of employers reviewing their bring-your-own-device policies to avoid a similar situation and to safeguard their trade secrets, says attorney Darcey Groden.
Full Story: HR Dive (2/21) 
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The HR Leader
Nearly half of women surveyed by The Business Journals say they work for an organization where women are in at least half of the leadership positions, but about the same number say their companies don't have formal career development programs for female employees, signaling a potential snag in the pipeline. Companies can retain female workers by providing flexible schedules, hybrid work options, coaching and mentoring as well as ensuring company culture values their contributions, writes Fatima Koning, the group chief commercial officer at International Workplace Group.
Full Story: The Business Journals (tiered subscription model) (2/22),  People Management (2/22) 
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SmartBreak: Question of the Day
POLL QUESTION:
Queen Victoria issued a patent to Major Walter Clopton Wingfield on this day in 1874 for a sport called sphairistike. Today, we know it as what?
Check your answer here.
VoteCroquet
VotePole vault
VoteSteeplechase
VoteTennis
About the Editor
Thoughts for the day
Thoughts for the day
Kanoe Namahoe, editor
I was in the middle of a training session with my editor when my cellphone rang. It was my son.
 
“Mom,” he said, his voice trembling. “I’m really having a hard time today. I feel lost. I feel so disconnected.”
 
Kiaha doesn’t cry wolf so I knew something was wrong. He was in his first semester of high school and we were homeschooling through an online charter school. He was at home, alone, working like normal. We were about three weeks into the semester and had a routine going. But clearly there was a problem that day.
 
I called my editor back and explained I had to go home for an emergency. He, of course, had no problem with that. “Absolutely. We can take this up another day,” he said. I grabbed my things and sped home.
 
Turns out that while Kiaha enjoyed the freedom of homeschooling -- working at his own pace, not being bored in a classroom -- being alone at home for hours on end was getting to him. “I feel so lonesome,” he told me, his eyes welling with tears. I held him tight – my 15-year-old 6’1” man-child – and promised him we’d come up with a solution. 
 
And we did. We sat down that night and carved out a schedule that got him out of the house. He would go with me to Northridge on the days I commuted and work from Starbucks and Borders. We’d meet up for lunch and then he’d walk to my office at the end of his school day. 
 
It worked to perfection. He loved working from both places, especially Borders where students from California State University, Northridge would go to study. He made friends and enjoyed being around others who were studying. “And they all think I’m in college because of my size,” he said smugly. I laughed but felt good that we had been able to resolve the isolation issue.
 
Remote working has its clear benefits but workers can battle feelings of loneliness and depression, as we see in our Benefits & Compensation story today. Prudent employers anticipate this and put strategies and resources in place to support employees. 
 
How are you managing this? Do you have protocols in place to support your remote workforce? Let me know! And if you enjoy this brief, tell others so they can benefit also.
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There's always a pastness operating in the present. And it has effects and consequences.
Cornel West,
philosopher, educator, social activist, writer
February is Black History Month
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