Tag Archives: severance agreement

Drafter Beware: NLRB Finds That Employers Who Offer Severance Agreements With Broad Non-Disparagement or Confidentiality Restrictions Violate The NLRA

By Mark Theodore, Joshua Fox and Raymond Arroyo on February 23, 2023 Posted in NLRB

The National Labor Relations Board (“Board”) issued a ruling on February 21, 2023, in McLaren Macomb, 372 NLRB No. 58 (2023), which in effect finds broad confidentiality and non-disparagement clauses in severance agreements violate Section 8(a)(1) of the National Labor Relations Act (“Act”). The decision applies to all employers regardless of union status. However, the … Continue Reading

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