In keeping with its recent trend towards a more employee-friendly stance, the NLRB recently issued McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), a decision in which it held that broad confidentiality and non-disparagement provisions in employee separation agreements are unlawful under the NLRA. Soon thereafter, the NLRB’s general counsel issued guidance suggesting that other common provisions in employee agreements, such as broad general releases and some restrictive covenants, could also violate the NLRA. Employers should consult with employment counsel before using older templates for separation, settlement, and other agreements with employees. Click here for Alicia Koepke’s article on this recent NLRB decision and here for the NLRB General Counsel’s subsequent memo interpreting the decision.
