NLRB, Confidentiality Policies

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on 4/1/2024

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Labor Law Today—2023 Year in Review

Perkins Coie on 3/6/2024

In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

Complex Laws Around Healthcare Employees Get More Complicated - Changes to Non-competes, Confidentiality, Independent Contractor,...

Dentons on 2/22/2024

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...more

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

Spilman Thomas & Battle, PLLC on 4/6/2023

In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Spilman Thomas & Battle, PLLC on 4/6/2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Brooks Pierce on 3/24/2023

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more

Time is ‘TikTok’-ing — ‘Being Real’ About Preemptively Addressing Employees’ Confidentiality and Privacy Breaches on Social Media

Foley & Lardner LLP on 3/21/2023

The newest and hottest forms of social media — TikTok and BeReal — pose similar risks to an employer’s workplace as did the “old” forms, like Snapchat, Instagram, and Facebook; namely, that employees can unintentionally (or...more

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

Holland & Hart - Employers' Lawyers on 2/24/2023

This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited...more

NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Most Severance Agreements

Lowenstein Sandler LLP on 2/24/2023

Earlier this week, the National Labor Relations Board (NLRB) ruled that language in a severance agreement that restricts an employee’s ability to criticize their employer or to reveal terms of the agreement that the employer...more

Are Your Mandatory Arbitration Agreements Still Enforceable?

Baker Donelson on 4/5/2021

On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin PLLC on 10/15/2020

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Employee Arbitration Agreements Can Include Some Confidentiality Provisions, NLRB Holds

Jackson Lewis P.C. on 6/29/2020

The National Labor Relations Board (NLRB) has held an employer lawfully included confidentiality language in an arbitration agreement its employees were required to sign as a condition of employment. California Commerce Club,...more

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Kramer Levin Naftalis & Frankel LLP on 6/8/2020

Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can...more

Keep a Lid on It – The Trump NLRB Reaffirms Employer Ability to Enforce Investigative Confidentiality Rules

Sheppard Mullin Richter & Hampton LLP on 4/22/2020

In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB overruled the Obama Board’s decision in Banner Estrella Medical Center, 362 NLRB 1108 (2015) and held that investigative confidentiality rules that by their terms apply only...more

NLRB Reaffirms Limitations on Employers’ Ability to Solicit Employee Assistance in Anti-Union Campaigning and Confidentiality...

Proskauer - Labor Relations Update on 4/15/2020

In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more

National Labor Relations Board › Confidentiality Policies

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Labor Law Today—2023 Year in Review

Complex Laws Around Healthcare Employees Get More Complicated - Changes to Non-competes, Confidentiality, Independent Contractor,...

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Time is ‘TikTok’-ing — ‘Being Real’ About Preemptively Addressing Employees’ Confidentiality and Privacy Breaches on Social Media

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Most Severance Agreements

Are Your Mandatory Arbitration Agreements Still Enforceable?

Labor & Employment Law: Vermont and Federal Legislative Update

Employee Arbitration Agreements Can Include Some Confidentiality Provisions, NLRB Holds

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Keep a Lid on It – The Trump NLRB Reaffirms Employer Ability to Enforce Investigative Confidentiality Rules

NLRB Reaffirms Limitations on Employers’ Ability to Solicit Employee Assistance in Anti-Union Campaigning and Confidentiality...

Confidentiality And No-Participation Provisions In Voluntary Severance Agreements Lawful

A Return to Common Sense in Federal Labor Law

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

NLRB Reinstates Rule Permitting Confidentiality During Workplace Investigations

The Revolving World of Organized Labor and the NLRB

Employment Flash - February 2020

Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions

Can I Tell my Employee to Please Shut Up?

NLRB Overturns Obama-era Initiatives: A Round-Up of the December Decisions

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations

National Labor Relations Board › Confidentiality Policies

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