News & Analysis as of September 22, 2024

Non-Disparagement Provisions

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Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on 4/12/2024

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Labor Law Today—2023 Year in Review

Perkins Coie on 3/6/2024

In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

NLRB Makes Good on Its Promise to Challenge Non-Competes

Kohrman Jackson & Krantz LLP on 11/27/2023

In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of...more

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on 10/23/2023

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

Foley & Lardner LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more

NLRB Requires Changes to Employee Severance and Other Agreements

White & Case LLP on 4/27/2023

Earlier this year, the National Labor Relations Board ("NLRB") issued its decision and order in McLaren Macomb, 372 NLRB No. 58 (February 21, 2023), holding that certain confidentiality and non-disparagement provisions...more

Employment Flash - April 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 4/14/2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

NLRB Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements in Light of McLaren Macomb...

Hahn Loeser & Parks LLP on 4/10/2023

The legal world has been reeling since the February 21, 2023 McLaren Macomb decision, in which the National Labor Relations Board (“NLRB” or the “Board”) determined that standard non-disparagement and confidentiality...more

NLRB: Confidentiality, Non-Disparagement Provisions Violate NLRA

Manatt, Phelps & Phillips, LLP on 3/28/2023

Offering an employee a severance agreement that includes confidentiality and non-disparagement provisions runs afoul of Section 8(a)(1) of the National Labor Relations Act (NLRA), a divided National Labor Relations Bureau...more

Further Restrictions on Non-Disclosure and Non-Disparagement Clauses

Tonkon Torp LLP on 3/27/2023

Various governmental bodies have recently restricted employers’ ability to use non-disclosure and non-disparagement clauses. This alert briefly covers a few of those recent developments....more

First Comes McLaren, Then Comes Memo 23-05

Sherman & Howard L.L.C. on 3/27/2023

By now, many employers are aware of the National Labor Relations Board’s (“NLRB”) February 2023 decision McLaren Macomb in which the NLRB reversed the existing standard that an employer’s inclusion of confidentiality,...more

NLRB Issues Guidance on Non-Disparagement & Confidentiality Clauses

Cozen O'Connor on 3/24/2023

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

The NLRB’s Latest Decision Restricts the Use of Broad Confidentiality and Nondisparagement Clauses in Severance Agreements

Bond Schoeneck & King PLLC on 3/7/2023

On Feb. 21, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in McClaren Macomb, 372 NLRB No. 58 (2023), where it held that severance agreements with broad confidentiality and/or nondisparagement...more

NLRB Rules Nondisclosure and Nondisparage Provisions Unlawful in Severance Agreements

Haynsworth Sinkler Boyd, P.A. on 3/2/2023

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

Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

Kelley Drye & Warren LLP on 3/1/2023

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more

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

Locke Lord LLP on 3/1/2023

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

NLRB Reverts to Prior Policy Restricting Employee Nondisparagement and Confidentiality Provisions

Cooley LLP on 3/1/2023

On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

Troutman Pepper on 2/28/2023

Executive Summary - On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad...more

NLRB: Severance Pay Cannot Include Condition to Waive Rights Under NLRA

Faegre Drinker Biddle & Reath LLP on 2/28/2023

The decision of the National Labor Relations Board (the Board) in McLaren Macomb, 372 NLRB No. 58 ( Feb. 21, 2023), reinstates a limit on the confidentiality, non-disclosure, and non-disparagement clauses that employers may...more

NLRB Imposes Broad Restrictions on Severance Agreements

K&L Gates LLP on 2/27/2023

Introduction - On 21 February 2023, a divided National Labor Relations Board (NLRB or Board) held in McLaren Macomb that employers violate the National Labor Relations Act (NLRA or Act) when they present employees with...more

NLRB Targets Confidentiality and Non-Disparagement Provisions

Seyfarth Shaw LLP on 2/27/2023

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and...more

What will that NLRB decision do to separation agreements?

Constangy, Brooks, Smith & Prophete, LLP on 2/24/2023

Two cents from an employment lawyer. My colleague David Phippen wrote an excellent bulletin about this week's McLaren Macomb decision from the National Labor Relations Board, in which the Board ruled that offering...more

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

Fisher Phillips on 2/22/2023

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

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

Sheppard Mullin Richter & Hampton LLP on 2/21/2018

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

D.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality and Non-Disparagement Provisions Violated the NLRA

Seyfarth Shaw LLP on 8/9/2016

Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s...more

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Employee Rights › National Labor Relations Board › Non-Disparagement Provisions

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