News & Analysis as of November 17, 2024

Non-Disparagement Provisions

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Adams and Reese LLP on 4/12/2024

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

Getting a Grip on Griping

Epstein Becker & Green on 1/29/2024

Almost a decade ago, in September 2014, California was the first state in the nation to enact legislation prohibiting non-disparagement clauses that aimed to prevent consumers from writing negative reviews of a business....more

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on 11/1/2023

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Navigating 2023's Employment Landscape: Legal Compliance and the Perils of Template Reuse

Stark & Stark on 9/21/2023

So far, 2023 has proven to be a particularly active year in the employment space, with federal government agencies weighing in on a variety of issues. Of note, severance agreements have been a specific target of both the...more

The Practical NLRB Advisor: Spring 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/14/2023

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

Virginia Employment Law Update: Important Changes Effective July 1, 2023

FordHarrison on 6/6/2023

Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...more

Highlights from the 2023 Hot Topics in Employment Law Seminar

Miles & Stockbridge P.C. on 5/4/2023

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 21st annual Hot Topics in Employment Law seminar April 25 to clients from throughout Maryland and beyond. Topics covered included...more

NLRB Requires Changes to Employee Severance and Other Agreements

White & Case LLP on 4/27/2023

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

[Webinar] Are Big Changes for Employers on the Horizon? - May 24th, 10:00 am - 11:00 am EDT

Parker Poe Adams & Bernstein LLP on 4/26/2023

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

New Guidance for Employee Agreements Could Change the Landscape of the Healthcare Industry

Maynard Nexsen on 4/24/2023

Two federal agencies, the Federal Trade Commission (“FTC”) and the National Labor Relations Board (“NLRB”), are reshaping the labor industry with guidance aimed at protecting and expanding employee rights. On January 5, 2023,...more

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

Nelson Mullins Riley & Scarborough LLP on 4/3/2023

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

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Wyrick Robbins Yates & Ponton LLP on 4/3/2023

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

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

Dickinson Wright on 3/29/2023

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

NLRB: Confidentiality, Non-Disparagement Provisions Violate NLRA

Manatt, Phelps & Phillips, LLP on 3/28/2023

Offering an employee a severance agreement that includes confidentiality and non-disparagement provisions runs afoul of Section 8(a)(1) of the National Labor Relations Act (NLRA), a divided National Labor Relations Bureau...more

NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

Stinson LLP on 2/24/2023

Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board...more

NLRB Finds Confidentiality and Non-disparagement Provisions in Separation Agreement to be Unlawful...Are Handbook Policies Next?

Lathrop GPM on 2/24/2023

A National Labor Relations Board (the Board) decision issued this week served notice on employers that they need to carefully consider the use of confidentiality and non-disparagement provisions in any employment-related...more

NLRB Deals Another Blow to Employers

Chartwell Law on 2/24/2023

On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further...more

NLRB Changes Position on Certain Confidentiality and Nondisparagement Provisions in Employee Agreements

Nelson Mullins Riley & Scarborough LLP on 1/12/2022

M&A transactions often include special bonus, severance and/or release agreements for some or all employees. These agreements have generally included provisions requiring the employee (1) to keep confidential the amount of...more

National Labor Relations Board’s General Counsel Explains Broad Non-Disparagement Provision Violates National Labor Relations Act

Kramer Levin Naftalis & Frankel LLP on 11/26/2019

On Nov. 14, 2019, the office of the National Labor Relations Board’s (NLRB) General Counsel released an advice memorandum finding an employer violated federal labor law by requiring employees to sign a broad non-disparagement...more

D.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality and Non-Disparagement Provisions Violated the NLRA

Seyfarth Shaw LLP on 8/9/2016

Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s...more

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

FordHarrison on 1/18/2013

Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Epstein Becker & Green on 1/18/2013

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

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