News & Analysis as of

Separation Agreement NLRB General Counsel

Foster Swift Collins & Smith

Time to Revisit Your “Standard” Employment and Separation Agreements

A recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation...more

Blank Rome LLP

National Labor Relation Board’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following Board’s...

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In this article, the authors discuss the implications of a recent ruling by the National Labor Relations Board finding two separation agreements to be unlawful. In McLaren Macomb, the National Labor Relations Board (NLRB...more

FordHarrison

[Webinar] NLRB's Recent Attack on Separation Agreements – What Are Employers to Do? - April 4th, 2:00 pm - 3:00 pm ET

FordHarrison on

On March 22, 2023, the General Counsel of the National Labor Relations Board issued an Advice Memo regarding Separation/Severance/Settlement Agreements in light of the Board’s decision in McLaren Macomb, which was issued on...more

ArentFox Schiff

NLRB General Counsel Takes Expansive View of Recent McLaren Decision, Including Retroactive Application

ArentFox Schiff on

On March 22, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-05 providing guidance on the recent decision in McLaren Macomb. Below are some of the notable points set forth in the...more

BakerHostetler

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

BakerHostetler on

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more

Perkins Coie

NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance Agreements

Perkins Coie on

In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions...more

Foley Hoag LLP

NLRB General Counsel Offers Guidance on Severance Agreements

Foley Hoag LLP on

On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb providing that employers violate federal labor law when they require employees to sign severance agreements...more

Blank Rome LLP

NLRB’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following the Board’s McLaren Macomb...

Blank Rome LLP on

Overview: On February 21, 2023, the National Labor Relations Board (“NLRB” or Board) found two routinely standard separation agreement provisions—confidentiality as to the agreement and non-disparagement—to be unlawful when...more

Constangy, Brooks, Smith & Prophete, LLP

Your settlement's no good here.

Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....more

Snell & Wilmer

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

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In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more

Akerman LLP - HR Defense

New NLRB GC Memo Reveals Agency Strategy

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more

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