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

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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