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 or Board) found two routinely standard separation agreement provisions—confidentiality as to the agreement and non-disparagement—to be unlawful when included in an agreement offered to an employee.

Originally published in the July–August 2023 edition of The Journal of Federal Agency Action (Vol. 1, No. 4).