Tag: non-disparagement

NLRB Narrows Permissible Terms in Severance Agreements

By Aaron D. Graves & Alexander J. Burridge, Attorneys, Bodman PLC Apr 18, 2023 Benefits and Compensation

Updated: Apr 18, 2023

A recent National Labor Relations Board (NLRB) ruling determined that including certain nondisparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (NLRA). Facts McLaren Macomb Hospital permanently furloughed 11 employees and contemporaneously presented them each with a “Severance Agreement, Waiver and Release.” The agreement contained provisions that broadly prohibited them from […]

NLRB Challenges Overly Broad Confidentiality and Nondisparagement Provisions in Severance Agreements

By Jennifer Dunlap, Grant Wills & Trent Scofield; Attorneys; Baker Donelson Mar 17, 2023 HR Management & Compliance

Updated: Apr 5, 2023

Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers that offer severance agreements to employees with broad nondisparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). What do employers need to know about this recent development in labor law? Background Section 7 of the […]