News & Analysis as of September 21, 2024

Severance Pay

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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 -

NLRB Limits Use of Non-Disparagement and Confidentiality Provisions

Morrison & Foerster LLP on 3/1/2023

In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the...more

NLRB Finds that Confidentiality and Non-Disparagement Clauses in Severance Agreements May Violate Employees’ Rights

Steptoe & Johnson PLLC on 2/27/2023

On February 21, 2023, the National Labor Relations Board (the Board) issued a decision that reversed the precedent established during the Trump administration and held that severance agreements that include non-disparagement...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

NLRB Doubles Back: Severance Agreements Cannot Require Employees to Waive NLRA Rights

Stevens & Lee on 2/24/2023

In a return to pre-Trump era precedent, the National Labor Relations Board (“NLRB”) has determined that employers violate federal labor law if they offer severance agreements prohibiting employees from making disparaging...more

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements (and Handbooks and Other Work Rules?)

Husch Blackwell LLP on 2/24/2023

On February 21, 2023, the National Labor Relations Board (NLRB) ruled that employers covered by the National Labor Relations Act violate Section 8(a)(1) of the Act by merely offering certain confidentiality and...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

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