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National Labor Relations Board › Employer Liability Issues › Non-Disparagement Provisions

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Frantz Ward LLP

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

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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

Perkins Coie

Labor Law Today—2023 Year in Review

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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

Maynard Nexsen

Practical Considerations Regarding the Use of Non-Disparagement Provisions in Light of Increased Scrutiny

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For years, many employers routinely drafted severance agreements to include both confidentiality and non-disparagement obligations. Over the course of 2023, several federal agencies, including the NLRB and the EEOC, issued...more

Kilpatrick

5 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

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On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2023

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October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

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Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

FordHarrison

Virginia Employment Law Update: Important Changes Effective July 1, 2023

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Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...more

Jenner & Block

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

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Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

Stoel Rives - World of Employment

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

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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

Miles & Stockbridge P.C.

Highlights from the 2023 Hot Topics in Employment Law Seminar

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Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 21st annual Hot Topics in Employment Law seminar April 25 to clients from throughout Maryland and beyond. Topics covered included...more

Ballard Spahr LLP

NLRB Seeks Enforcement Of Ruling On Separation Agreements

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The focus remains on the National Labor Relations Board’s (Board or NLRB) ruling in February that asking employees to sign separation agreements with confidentiality and non-disparagement clauses is unlawful. Most recently,...more

White & Case LLP

NLRB Requires Changes to Employee Severance and Other Agreements

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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

Dorsey & Whitney LLP

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

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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

Parker Poe Adams & Bernstein LLP

NLRB Takes Aim at Employee Separation Agreements

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Over the last several months, the National Labor Relations Board (NLRB) has taken a paring knife to employers’ ability to strategically use separation agreements with employees. On February 21, the NLRB reinstated its prior...more

Holland & Knight LLP

NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively

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The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more

Nelson Mullins Riley & Scarborough LLP

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

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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

Wyrick Robbins Yates & Ponton LLP

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

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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

Kelley Drye & Warren LLP

Employment Laws Shaping 2023

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2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

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As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Dickinson Wright

NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

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In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in...more

Adler Pollock & Sheehan P.C.

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

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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

Miller Nash LLP

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

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On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

WilmerHale

NLRB Issues Post-McLaren Guidance Providing Some Clarity but Little Comfort

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On March 22, 2023, the NLRB's General Counsel issued a Memorandum (the “Memo”) providing guidance on the scope and effect of the National Labor Relations Board’s (the “NLRB”) decision in McLaren Macomb, which found overbroad...more

Manatt, Phelps & Phillips, LLP

NLRB: Confidentiality, Non-Disparagement Provisions Violate NLRA

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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

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