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Labor/Employment

Mar. 22, 2023

NLRB’s important decision on confidentiality and nondisparagement clauses

Employers may need to revise their severance and other agreements with non-supervisory/managerial employees.

Wendy M. Lazerson

Partner
Sidley Austin LLP

1001 Page Mill Road
Palo Alto , CA 94304

Email: wlazerson@sidley.com

Union University, Albany Law School

See more...

Jordan Varberg

Managing Associate

Email: jvarberg@sidley.com

See more...

At least for now, as a result of the U.S. National Labor Relations Board's (NLRB) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), employers may need to revise their severance and other agreements with non-supervisory/managerial employees - agreements that contain confidentiality and/or nondisparagement clauses to avoid potential liability for violating the National Labor Relations Act (NLRA).

Section 7 of the ...

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