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”).