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.
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