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.