NLRB General Counsel Issues Guidance on Employer Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements
March 24, 2023 Last month, the National Labor Relations Board (“Board”) issued a decision in McClaren McComb, 372 NLRB No. 58 (2023), that overturned two Trump Board rulings permitting employers to include confidentiality and non-disparagement provisions in severance agreements (read Farhang & Medcoff’s full legal alert on the decision here). Under the Board’s new rule, the “mere proffer” of […]
New Decision from the National Labor Relations Board
February 27, 2023 In light of the National Labor Relations Board’s recent decision, all employers (unionized as well as non-union work environments) should revisit their use of two common provisions in their severance or separation agreements. The NLRB’s decision appears to fundamentally alter how employers use non-disparagement and confidentiality provisions in their severance / separation […]
