NLRB Targets Confidentiality and Non-Disparagement Provisions in Severance Agreements

Employers, the NLRB is coming for the nondisparagement and confidentiality provisions in your separation agreements!

Take a read of the Board’s press release on its new McLaren Macomb decision (link to text of decision in press release): Board Rules that Employers May Not Offer Severance Agreements Requiring Employees to Broadly Waive Labor Law Rights | National Labor Relations Board

Per the press release, the decision “explains that simply offering employees a severance agreement that requires them to broadly give up their rights under Section 7 of the Act violates Section 8(a)(1) of the Act.” Get ready to update your separation agreement templates.