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Confidential Information › The National Labor Relations Act › Confidentiality Agreements

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

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Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Foley & Lardner LLP

Strictly Confidential? Labor Board Flip-Flops Again on Severance Agreement Confidentiality and Non-Disparagement Terms

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On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more

FordHarrison

Can You Keep a Secret: Bridgerton and the Need for Employee Confidentiality Agreements

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I must admit that I could not resist and fell prey to Netflix’s currently most watched and definitely most binge-worthy series to date: Bridgerton. For those who are not part of the record-breaking 82 million (and counting)...more

Foley & Lardner LLP

Is Your Employee NDA Weak?

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We live in a world of “leaking” information and the automotive industry is not immune. Automotive companies go to great lengths to protect their confidential information (including innovations). But do they have the legal...more

Pullman & Comley - Labor, Employment and...

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

Pullman & Comley - Labor, Employment and... on

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Seyfarth Shaw LLP

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

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Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

Skadden, Arps, Slate, Meagher & Flom LLP on

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

Bracewell LLP

Heard it through the grapevine: The National Labor Relations Act’s tight grip on employer confidentiality policies

Bracewell LLP on

One of your top workers, Emily Employee, comes to you distraught: She can no longer take Carla Co-Worker’s harassing comments about Emily’s religion. Some of the comments Emily relayed to you sound pretty bad and would result...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

McNees Wallace & Nurick LLC on

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

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