Employers, especially in the context of workforce reductions, may provide departing employees with severance agreements in exchange for a release. Those agreements often include non-disparagement clauses and confidentiality clauses regarding the terms and the amount of the agreement. On February 21, 2023, in McLaren Macomb, the National Labor Relations Board held that such clauses infringe on employees’ rights under the National Labor Relations Act. Importantly, McLaren applies to both unionized and non-unionized workplaces alike.
NLRB Attacks Non-Disparagement and Confidentiality Clauses in Employee Releases, Severance Agreements
Posted In Employment, Labor
Christopher FosterChris Foster advises leading companies and wealthy families in labor and employment matters. Chris has extensive experience handling union organizing and decertification campaigns, unfair labor practice investigations, trials and appeals. He provides strategic planning on the addition and divesting of unionized operations and rapid response tactics to economic warfare (e.g., strikes, pickets and pressure campaigns).Read Chris Foster's full bio.
Marjorie C. Soto GarciaMarjorie C. Soto Garcia’s labor and employment practice covers single plaintiff and class action litigation, employment counseling, traditional labor (including union activity and collective bargaining), and M&A and complex transactions. She regularly defends employers in state and federal lawsuits alleging discrimination, harassment, retaliation, wrongful termination, wage and hour violations, violations of the Fair Credit Reporting Act (FCRA), Private Attorney General Act (PAGA) actions and unfair labor practice charges under the National Labor Relations Act (NLRA). Marjorie is additionally experienced in managing complex transactions (including M&A), regularly providing clients with strategic advice on potential risks and practical, business-oriented solutions. She is also experienced in dealing with trade secret, confidentiality, non-compete and non-solicit matters in employment and separation contracts. Read Marjorie C. Soto Garcia's full bio.
P. Kevin ConnellyKevin Connelly focuses his practice on employment matters, such as discrimination, harassment, wage and hour law, whistleblowing, statutory leave and traditional labor law. He is experienced in both trials and appeals, and devotes a substantial portion of his practice to class and collective actions. Read Kevin Connelly's full bio.
Related Posts
- NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers
- How Purchasers, Debtors Can Navigate CBAs in Bankruptcy
- What You Need to Know About the PRO Act
- ALJ Finds Employee’s Facebook Comments Unrelated to Working Conditions are not Protected Under the NLRA
- NLRB Releases Poster For Posting By November 14, 2011
BLOG EDITORS
STAY CONNECTED
TOPICS
ARCHIVES
RECENT POSTS
- HHS Letter Reiterates Expectations for Language Accessibility
- Employee Benefit Plans: Important Considerations for Year-End and 2025
- Post-Election Outlook: Issues to Watch for Pharmacy Industry Stakeholders
- Post-Election Health Policy Priorities
- IRS Issues Proposed Regulations to Ensure Expanded Preventative Care Services Coverage
