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National Labor Relations Board › Severance Agreements

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... more +
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 -
Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

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Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

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We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Epstein Becker & Green

#WorkforceWednesday®: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB...

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This week, we’re spotlighting the Federal Trade Commission’s (FTC’s) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission’s (EEOC’s) report on alleged underrepresentation in science,...more

BakerHostetler

Sixth Circuit Bypasses NLRB’s McLaren Macomb Confidentiality and Non-Disparagement Provisions Holding, Fostering Uncertainty About...

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On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more

Mintz - Employment Viewpoints

Sixth Circuit Explicitly Sidesteps the NLRB’s McLaren Macomb Decision

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The Sixth Circuit Court of Appeals recently declined to comment on the National Labor Relations Board’s (the “Board”) McLaren Macomb decision which took aim at overbroad non-disparagement and non-disclosure agreements....more

Frantz Ward LLP

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

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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

CDF Labor Law LLP

[Webinar] What Has Been Happening at the NLRB and with Unions in 2024? - July 24th, 10:00 am - 11:00 am PT

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Join CDF attorneys Mark S. Spring and Tashayla Billington for a one-hour in-depth review of the recent developments in traditional labor law. If you manage a union or non-union workforce in California, you won’t want to miss...more

Proskauer - Labor Relations Update

When It Rains, It Pours –Several Appeals Lined Up to Challenge NLRB Precedent in Court

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We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive...more

Adams and Reese LLP

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

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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

Benesch

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

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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

CDF Labor Law LLP

Ensuring Your Severance Agreements Are Lawful

CDF Labor Law LLP on

​​​​​​​Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

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Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more

Maynard Nexsen

Practical Considerations Regarding the Use of Non-Disparagement Provisions in Light of Increased Scrutiny

Maynard Nexsen on

For years, many employers routinely drafted severance agreements to include both confidentiality and non-disparagement obligations. Over the course of 2023, several federal agencies, including the NLRB and the EEOC, issued...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Carlton Fields

NLRB Stacks Deck in Favor of Employees: Employers Must Play Cards Defensively or Go Bust

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The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more

CDF Labor Law LLP

[Webinar] What is Happening at the NLRB? What Companies Should Know - October 24th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join CDF partners John Giovannone and Carolina Schwalbach for a one-hour in-depth review of the recent McLaren Macomb, Cemex and Stericycle NLRB decisions and their potential impact on union and non-union employers. If you...more

Holland & Hart - Employers' Lawyers

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

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by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees.  Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more

Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

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In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

Sands Anderson PC

NLRB’s McLaren Macomb Decision and the Future of Employee Severance Agreements

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Severance agreements have long been utilized as a valuable tool for providing employers with protections from the post-employment conduct or claims of former employees. Severance agreements often include a wide range of...more

Dentons

Confidentiality, Non-Solicitation, and Non-Competes: The NLRB Takes Another Swing at Contractual Relationships

Dentons on

As discussed in prior Iowa Employment Law Insights articles, the National Labor Relations Board (NLRB) in McLaren Macomb addressed issues of the rights of employees to organize under Section 7, fundamentally limiting...more

White and Williams LLP

National Labor Relations Board (NLRB) General Counsel Tackles Non-Compete Agreements

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The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National...more

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

The Practical NLRB Advisor: Spring 2023

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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

Kohrman Jackson & Krantz LLP

NLRB General Counsel Aims to End Non-Compete Agreements

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On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all regional offices stating that non-compete agreements in employment contracts and severance...more

BakerHostetler

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

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The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

Jenner & Block

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

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Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

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