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.

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News

March 21, 2023

NLRB to Issue Memo Clarifying McLaren Decision on Confidentiality and Non-disparagement Provisions

National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb (“McLaren”), holding that the mere offer of a severance agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act.

National Labor Relations Board, NLRB, Severance Agreement

News

March 7, 2023

Confidentiality and Non-disparagement Provisions: NLRB Limits Severance Agreements

The National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb (“McLaren”), returning to a longstanding precedent holding that employers may not offer employees severance agreements with certain confidentiality and non-disparagement clauses that require employees to broadly waive their Section 7 rights under the National Labor Relations Act (“the Act”).

Confidentiality, National Labor Relations Board, NLRB, Non-Disparagement

Tag: National Labor Relations Board

NLRB Issues Clarifying Guidance on Confidentiality and Non-Disparagement Provisions

NLRB to Issue Memo Clarifying McLaren Decision on Confidentiality and Non-disparagement Provisions

Confidentiality and Non-disparagement Provisions: NLRB Limits Severance Agreements

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