Employers now have some guidance on the National Labor Relations Board’s (“NLRB”) recent decision finding that certain non-disparagement and confidentiality provisions in severance agreements violate the National Labor Relations Act (“NLRA”). In McLaren Macomb, the NLRB held that an employer violates the NLRA by merely offering a severance agreement with such provisions. As a reminder, Mclaren Macomb applies to all non-supervisory employees at all employers, not just employees who are members of a union and not just to unionized employers. A more detailed discussion of the case itself can be found here.

The General Counsel’s memorandum (GC 23-05), issued on March 22, 2023, responded to ambiguities in the decision that left employers and employees unsure as to how they should interpret the ruling. The guidance did not answer every open question, but the General Counsel addressed some key issues. For more information on the General Counsel’s memorandum, follow this link.

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Photo of Hope Goldstein Hope Goldstein

Hope Goldstein is a Shareholder in Vedder Price’s Dallas and New York offices and a member of the firm’s Labor & Employment group.
Ms. Goldstein’s practice covers a wide range of issues concerning employers, and she provides both traditional labor law and employment…

Hope Goldstein is a Shareholder in Vedder Price’s Dallas and New York offices and a member of the firm’s Labor & Employment group.
Ms. Goldstein’s practice covers a wide range of issues concerning employers, and she provides both traditional labor law and employment law advice and litigation services. She has extensive experience representing clients in matters involving compliance with the National Labor Relations Act, labor negotiations and arbitrations, mergers and acquisitions, labor crisis management and long-term workforce strategies. More specifically, she negotiates, drafts and implements collective bargaining agreements, extension agreements and shutdown agreements. In addition, Ms. Goldstein’s employment law practice includes defending employers against discrimination, harassment, retaliation and the full range of statutory and common law employment claims.

Photo of Peyton Demith Peyton Demith

Peyton Demith is an Associate in Vedder Price’s Chicago office, and a member of the firm’s Labor & Employment group.

Mr. Demith focuses his practice on traditional labor law. He has experience in collective bargaining negotiations, grievance arbitrations, unfair labor practice charges, recognition

Peyton Demith is an Associate in Vedder Price’s Chicago office, and a member of the firm’s Labor & Employment group.

Mr. Demith focuses his practice on traditional labor law. He has experience in collective bargaining negotiations, grievance arbitrations, unfair labor practice charges, recognition petitions, and other administrative matters.