NLRB Issues Clarifying Guidance on Confidentiality and Non-Disparagement Provisions

Jennifer Abruzzo, the general counsel of the National Labor Relations Board ("NLRB"), has released a guidance memorandum that provides further information on the NLRB's decision in McLaren Macomb. The memorandum offers guidance on the decision's practical impact, including its scope, retroactivity, lawful severance agreements, and confidentiality and non-disparagement clauses.