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Labor Reform › Non-Disparagement Provisions › Former Employee

Nelson Mullins Riley & Scarborough LLP

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

Nelson Mullins Riley & Scarborough LLP on

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

Wyrick Robbins Yates & Ponton LLP

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Wyrick Robbins Yates & Ponton LLP on

Employers terminating employees frequently offer severance payments in exchange for the employees’ entry into a separation agreement.  Generally these separation agreements include a release of claims along with other...more

Dickinson Wright

NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

Dickinson Wright on

In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in...more

Adler Pollock & Sheehan P.C.

The End Of An Era, Separation Agreements In The Wake Of Mclaren Macomb: What Employers Need To Know

Adler Pollock & Sheehan P.C. on

The National Labor Relations Board’s (the “Board”) decision in McLaren Macomb, significantly changes what employers are allowed to include in a departing employees’ severance/separation agreements or packages.  The Board’s...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Confidentiality and Nondisparagement Provisions in Severance Agreements Held Unlawful by the NLRB

Tannenbaum Helpern Syracuse & Hirschtritt LLP on

The National Labor Relations Board (the “Board”) recently held that that the “mere proffer” of severance agreements with boilerplate type confidentiality and nondisparagement provisions violate the National Labor Relations...more

Akerman LLP - HR Defense

Employers Beware: The NLRB Limits Severance Agreements

Akerman LLP - HR Defense on

The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the...more

Pullman & Comley - Labor, Employment and...

The NLRB Issues a Decision Impacting Non-disparagement and Confidentiality Provisions in Severance Agreements

Pullman & Comley - Labor, Employment and... on

The National Labor Relations Board (NLRB) recently indicated that when drafting severance or general release agreements, employers have to rethink how they use standard non-disparagement and confidentiality clauses. On...more

Bodman

NLRB Narrows Permissible Terms in Severance Agreements

Bodman on

The National Labor Relations Board (“NLRB”) has ruled that that including certain non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (“NLRA”). In McLaren...more

Perkins Coie

February Tip of the Month: NLRB Ruling Affects Nondisparagement and Confidentiality Provisions

Perkins Coie on

On February 21, 2023, the National Labor Relations Board (NLRB or the Board) issued a significant decision that dramatically affects employers’ ability to include nondisparagement and confidentiality provisions in separation...more

Fenwick & West LLP

NLRB Holds that Severance Agreement with Broad Confidentiality and Non-Disparagement Covenants Violates the NLRA

Fenwick & West LLP on

On February 21, 2023, the National Labor Relations Board (NLRB) held that including broad confidentiality and non-disparagement clauses in severance agreements violates the National Labor Relations Act (NLRA)...more

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