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Unfair Labor Practices Confidentiality Agreements

Neal, Gerber & Eisenberg LLP

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

Frantz Ward LLP

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

Frantz Ward LLP on

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

Adams & Reese

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams & Reese on

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

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more

Holland & Hart LLP

Shifting Landscape: New Laws Significantly Impact Colorado Employers

Holland & Hart LLP on

During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to...more

McAfee & Taft

Confidentiality and non-disparagement provisions in severance agreements on shaky ground after NLRB decision and guidance memo

McAfee & Taft on

On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, ruling that severance agreements containing broad confidentiality provisions or non-disparagement provisions prohibiting an...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

WilmerHale

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

WilmerHale on

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

CDF Labor Law LLP

NLRB General Counsel Releases Memorandum Providing Guidance on Non-Disparagement and Confidentiality Clauses in Settlement...

CDF Labor Law LLP on

Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision....more

Troutman Pepper Locke

The NLRB’s General Counsel Seeks Further Restrictions on Confidentiality and ‎Non-Disparagement Provisions in Severance Agreements

Troutman Pepper Locke on

Following the recent decision in the matter of McLaren Macomb, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo (“GC Abruzzo”), issued a memo detailing her view of confidentiality and...more

Littler

NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements

Littler on

The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or...more

Epstein Becker & Green

NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement and Non-Disclosure...

Epstein Becker & Green on

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more

Davis Wright Tremaine LLP

NLRB General Counsel Offers Roadmap for Severance Agreements, But Employers Might See a Dead End

The General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a memo setting forth her views regarding the future of severance agreements in the wake of the Board's recent decision in McLaren Macomb....more

Seyfarth Shaw LLP

NLRB General Counsel’s Guidance Memo on McLaren Macomb Raises Further Troubling Questions

Seyfarth Shaw LLP on

As we previously posted here, on February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) ruled in McLaren Macomb, 372 NLRB No. 58, that the mere proffer of a draft severance agreement containing broad...more

FordHarrison

GC Memo 23-05: General Counsel Issues Guidance on the NLRB's Recent Decision on Non-Disparagement and Confidentiality of Agreement...

FordHarrison on

Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively

On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in...more

Bond Schoeneck & King PLLC

The NLRB’s Latest Decision Restricts the Use of Broad Confidentiality and Nondisparagement Clauses in Severance Agreements

On Feb. 21, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in McClaren Macomb, 372 NLRB No. 58 (2023), where it held that severance agreements with broad confidentiality and/or nondisparagement...more

Quarles & Brady LLP

National Labor Relations Board Finds Employer’s Offer of Severance Agreements Unlawful Due to Their Confidentiality and...

Quarles & Brady LLP on

Employers―in both unionized and non-unionized settings―are considering, after the February 21, 2023 decision by the National Labor Relation Board (NLRB), whether to continue to include confidentiality and non-disparagement...more

Kelley Drye & Warren LLP

Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more

Troutman Pepper Locke

NLRB Significantly Restricts Employers’ ‎Use of Confidentiality and Non-Disparagement ‎Provisions in ‎Non-Supervisory Severance...

Troutman Pepper Locke on

Through a divided decision in the matter of McLaren Macomb, the National Labor Relations Board (“Board”) significantly restricted the use of confidentiality and non-disparagement provisions in severance agreements for...more

Cooley LLP

NLRB Reverts to Prior Policy Restricting Employee Nondisparagement and Confidentiality Provisions

Cooley LLP on

On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more

Morrison & Foerster LLP

NLRB Limits Use of Non-Disparagement and Confidentiality Provisions

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

Troutman Pepper Locke

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

Troutman Pepper Locke on

Executive Summary - On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad...more

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