Employers will need to rethink the terms they include in severance agreements under the National Labor Relation Board’s (“NLRB”) ruling issued in McLaren Macomb, 372 NLRB No. 58 (2023). According to the February 21, 2023 decision, an employer violates the National Labor Relations Act (“NLRA”) and commits an unfair labor practice by offering a severance agreement containing certain confidentiality and non-disparagement provisions. Importantly, this decision applies to employers who are unionized, as well as those who do not have any unionized employees.
