Hiring & Firing, NLRB, Contract Terms

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

Frantz Ward LLP on 7/22/2024

Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on 5/3/2024

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on 4/1/2024

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

A Holiday Miracle for New York Employers and Dealmakers!

Epstein Becker & Green on 12/27/2023

2023 started off with a bang, and it is certainly not ending with a whimper. On January 4, 2023, the Federal Trade Commission (FTC) announced the settlement of two enforcement actions against employers arising out of their...more

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

Sands Anderson PC on 8/4/2023

Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of...more

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

Epstein Becker & Green on 6/14/2023

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

Epstein Becker & Green on 6/14/2023

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee...

Stoel Rives - World of Employment on 5/23/2023

The General Counsel of the National Labor Relations Board (NLRB), Jennifer A. Abruzzo, issued guidance on March 22, 2023, about the NLRB’s McLaren Macomb, 372 NLRB No. 58, decision from February 21, 2023, which reinstated a...more

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on 4/18/2023

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

Nelson Mullins Riley & Scarborough LLP on 4/3/2023

On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Wyrick Robbins Yates & Ponton LLP on 4/3/2023

Employers terminating employees frequently offer severance payments in exchange for the employees’ entry into a separation agreement. Generally these separation agreements include a release of claims along with other...more

The End Of An Era, Separation Agreements In The Wake Of Mclaren Macomb: What Employers Need To Know

Adler Pollock & Sheehan P.C. on 3/29/2023

The National Labor Relations Board’s (the “Board”) decision in McLaren Macomb, significantly changes what employers are allowed to include in a departing employees’ severance/separation agreements or packages. The Board’s...more

The Impact of McLaren Macomb Continues to Grow—Next Steps for In-House Counsel.

Burns & Levinson LLP on 3/28/2023

As a follow up to my post a few weeks ago on McLaren Macomb, the NLRB has issued new Guidance of which in-house counsel should take note....more

Severance Agreements – Federal Implications

Dentons on 3/23/2023

In the last article, we covered an Iowa Court of Appeals case relating to severance/separation agreements and whistleblower claims. Other issues have cropped up regarding severance agreements and their enforceability but on...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

Confidentiality and Nondisparagement Provisions in Severance Agreements Held Unlawful by the NLRB

Tannenbaum Helpern Syracuse & Hirschtritt LLP on 3/9/2023

The National Labor Relations Board (the “Board”) recently held that that the “mere proffer” of severance agreements with boilerplate type confidentiality and nondisparagement provisions violate the National Labor Relations...more

A Severance Agreement Can No Longer Silence Out-Going Employees

Butler Snow LLP on 3/6/2023

For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect the employer on two...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on 3/6/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Employers Beware: The NLRB Limits Severance Agreements

Akerman LLP - HR Defense on 3/3/2023

The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more

The NLRB Issues a Decision Impacting Non-disparagement and Confidentiality Provisions in Severance Agreements

Pullman & Comley - Labor, Employment and... on 3/3/2023

The National Labor Relations Board (NLRB) recently indicated that when drafting severance or general release agreements, employers have to rethink how they use standard non-disparagement and confidentiality clauses. On...more

NLRB Narrows Permissible Terms in Severance Agreements

Bodman on 3/3/2023

The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren...more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on 3/3/2023

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

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