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The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ Prepares for Temporary Workers' Bill of Rights - Employment Law This Week
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II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
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
In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more
In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get “creative” and have relied more heavily...more
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
Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more
Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more
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
Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more
When settling a lawsuit or pre-litigation disputes, parties sometimes insist on including non-disparagement clauses in their settlement or severance agreements. Broadly speaking, these clauses prevent one or both parties to...more
Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more
The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more
The D.C. Circuit recently held that a “Mutual Non-Disparagement” clause requiring an employer to “direct” its employees not to disparage a former employee could reasonably be interpreted as prohibiting the employer itself...more
A recent DC Circuit decision contains cautionary lessons for drafting severance agreements and opens the door to personal liability for negative characterizations of the reasons for employee departures. A mutual...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more
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
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that...more
Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more
In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more
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
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
In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb, as well as...more
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
2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more
Confidentiality and Non-Disparagement Clauses Violate Section 7 Rights - On February 21, 2023, in McLaren Macomb, the National Labor Relations Board (NLRB or the Board) reversed its previous position taken in Baylor...more
The Background: McLaren Macomb - On February 21, 2023, the National Labor Relations Board (“the Board”) decided McLaren Macomb, a case where a hospital offered severance pay to eleven permanently furloughed employees in...more