News & Analysis as of

Confidentiality Agreements › Non-Disparagement Provisions › Protected Concerted Activity

Jackson Lewis P.C.

NLRB GC Guidance on NLRB Decision Invalidating Confidentiality, Non-Disparagement Provisions in Severance Agreements

Jackson Lewis P.C. on

On March 22, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer A. Abruzzo issued a memorandum to all NLRB Field Offices on the implications of the Board’s February 21, 2023, decision in McLaren...more

Cozen O'Connor

NLRB Issues Guidance on Non-Disparagement & Confidentiality Clauses

Cozen O'Connor on

The National Labor Relations Act (NLRA) is a federal law that applies to both unionized and nonunionized workplaces. The government agency responsible for enforcing the NLRA is the National Labor Relations Board (NLRB or the...more

Constangy, Brooks, Smith & Prophete, LLP

Your settlement's no good here.

Constangy, Brooks, Smith & Prophete, LLP on

Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....more

Levenfeld Pearlstein, LLC

NLRB Rules that Standard Confidentiality and Non-Disparagement Provisions in Severance Agreements Violate Federal Law

Levenfeld Pearlstein, LLC on

On February 21, 2023, the National Labor Relations Board (NLRB) issued its decision in McLaren Macomb, overturning recent precedent and finding that giving an employee a severance agreement containing commonly used...more

Haynsworth Sinkler Boyd, P.A.

NLRB Rules Nondisclosure and Nondisparage Provisions Unlawful in Severance Agreements

Haynsworth Sinkler Boyd, P.A. on

The National Labor Relations Board (NLRB) recently ruled that nondisclosure and nondisparage provisions in severance agreements violate Section 7 of the National Labor Relations Act (NLRA). The NLRB noted provisions requiring...more

Locke Lord LLP

NLRB Significantly Restricts Employers’ ‎Use of Confidentiality and Non-Disparagement ‎Provisions in ‎Non-Supervisory Severance...

Locke Lord LLP on

Through a divided decision in the matter of McLaren Macomb, the National Labor Relations Board (“Board”) significantly restricted the use of confidentiality and non-disparagement provisions in severance agreements for...more

Fisher Phillips

Employers Must Draft Severance Agreements with Caution After NLRB Renders Critical Provisions Unlawful: 9 Crucial Questions...

Fisher Phillips on

A pendulum-swinging decision from the National Labor Relations Board yesterday means that severance agreements – in both unionized and non-union workplaces – could once again be deemed unlawful if they could be construed to...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Parker Poe Adams & Bernstein LLP

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Parker Poe Adams & Bernstein LLP on

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...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

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