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Administrative Law Judge (ALJ) Non-Disparagement Provisions National Labor Relations Board

Lippes Mathias LLP

New NLRB Decision Finds That Employer Severance Agreements Conditioned on Broad Non-Disparagement and Confidentiality Provisions...

Lippes Mathias LLP on

On February 21, 2023, the Board issued a decision in McLaren Macomb, Case 07-CA-263041, ruling that broad non-disparagement and confidentiality provisions in an employee severance agreement are unlawful. This decision...more

Sheppard Mullin Richter & Hampton LLP

We Can Now Add Civility and Secrecy to the List of Things Money Can’t Buy: NLRB Rules Non-Disparagement and Confidentiality...

As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) under President Biden is working to undo much of any employer-friendly actions taken during the previous administration. On February 21, 2023,...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

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.,...more

Morgan Lewis

NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

Morgan Lewis on

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights. On January 8, an Administrative Law Judge (ALJ) for the National Labor...more

FordHarrison

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

FordHarrison on

Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more

Epstein Becker & Green

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Epstein Becker & Green on

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

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