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Restrictive Covenants › Non-Disparagement Provisions › Severance Agreements

Adams and Reese LLP

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

Adams and Reese LLP on

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

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

Venable LLP on

Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Offers More Guidance on Non-Disparagement Decision

Miles & Stockbridge P.C. on

The NLRB’s decision last month in McLaren Macomb, holding that the mere proffer of a severance agreement containing a broad confidentiality or non-disparagement clause violates federal law, left many employers questioning...more

Benesch

Michigan Rolls Back its “Right-To-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance

Benesch on

As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more

Miller Canfield

NLRB: Confidentiality and Non-Disparagement Provisions are Unlawful

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In a ruling that will impact both union and non-union employees, the National Labor Relations Board (“NLRB”) held that standard non-disparagement and confidentiality provisions contained in a severance agreement were invalid...more

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

Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers

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

Severance and litigation settlement agreements often include a provision that prohibits one or more of the parties from making “disparaging” statements about the other. Such non-disparagement clauses are commonly used, but...more

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

Maine Legislature Takes Aim at Nondisclosure Agreements

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

After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure...more

Burns & Levinson LLP

Drafting a Practical and Enforceable Non-Disparagement Provision

Burns & Levinson LLP on

More than once, an in-house counsel has called me up wanting to sue a former employee because s/he has been “bad-mouthing” the company despite having agreed not to disparage the company as part of a settlement or severance...more

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