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Confidentiality Agreements Severance Agreements NLRB General Counsel

Fisher Phillips

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

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After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

Neal, Gerber & Eisenberg LLP

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

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Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Jackson Lewis P.C.

NLRB GC Guidance on NLRB Decision Invalidating Confidentiality, Non-Disparagement Provisions in Severance Agreements

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On March 22, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer A. Abruzzo issued a memorandum to all NLRB Field Offices on the implications of the Board’s February 21, 2023, decision in McLaren...more

Holland & Knight LLP

NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively

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The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more

Fisher Phillips

Manufacturing Employers Should Pay Attention to Severance Agreement Restrictions Despite Booming Times

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The recent pendulum-swinging NLRB decision that invalidated confidentiality and non-disparagement provisions in severance agreements will have far-reaching effects on employers that utilize them during layoffs or other...more

Harris Beach Murtha PLLC

NLRB General Counsel Issues Guidance on Recent Decision Regarding Confidentiality and Non-Disparagement Clauses

On March 22, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memo”), which provides additional guidance on the recent NLRB decision in McLaren Macomb, 372...more

ArentFox Schiff

NLRB General Counsel Takes Expansive View of Recent McLaren Decision, Including Retroactive Application

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On March 22, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-05 providing guidance on the recent decision in McLaren Macomb. Below are some of the notable points set forth in the...more

BakerHostetler

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

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We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...more

Miller Nash LLP

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

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On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

Perkins Coie

NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance Agreements

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In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions...more

WilmerHale

NLRB Issues Post-McLaren Guidance Providing Some Clarity but Little Comfort

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On March 22, 2023, the NLRB's General Counsel issued a Memorandum (the “Memo”) providing guidance on the scope and effect of the National Labor Relations Board’s (the “NLRB”) decision in McLaren Macomb, which found overbroad...more

Akin Gump Strauss Hauer & Feld LLP

Update: NLRB’s General Counsel Provides Guidance on Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

Key Points - The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more

Mintz - Employment Viewpoints

NLRB General Counsel Releases Guidance in the Wake of McLaren Macomb

The NLRB’s General Counsel Jennifer Abruzzo has released a memo offering further guidance on the Board’s recent decision in McLaren Macomb. In our previous post addressing that decision, we highlighted several outstanding...more

Foley Hoag LLP

NLRB General Counsel Offers Guidance on Severance Agreements

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On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb providing that employers violate federal labor law when they require employees to sign severance agreements...more

Bowditch & Dewey

NLRB General Counsel Issues Guidance Regarding Confidentiality and Non-Disparagement Provisions Post-McLaren Macomb

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As noted in our prior client alerts (Employers Beware – Your Confidentiality Provisions May Come Back to Bite You and Concrete Steps Employers Should Consider When Drafting Severance Agreements in the Wake of McLaren Macomb),...more

Hogan Lovells

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

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Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

CDF Labor Law LLP

NLRB General Counsel Releases Memorandum Providing Guidance on Non-Disparagement and Confidentiality Clauses in Settlement...

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Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision....more

Morgan Lewis

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

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National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

Troutman Pepper Locke

The NLRB’s General Counsel Seeks Further Restrictions on Confidentiality and ‎Non-Disparagement Provisions in Severance Agreements

Troutman Pepper Locke on

Following the recent decision in the matter of McLaren Macomb, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo (“GC Abruzzo”), issued a memo detailing her view of confidentiality and...more

Littler

NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements

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The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or...more

Epstein Becker & Green

NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement and Non-Disclosure...

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Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more

Davis Wright Tremaine LLP

NLRB General Counsel Offers Roadmap for Severance Agreements, But Employers Might See a Dead End

The General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a memo setting forth her views regarding the future of severance agreements in the wake of the Board's recent decision in McLaren Macomb....more

Seyfarth Shaw LLP

NLRB General Counsel’s Guidance Memo on McLaren Macomb Raises Further Troubling Questions

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As we previously posted here, on February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) ruled in McLaren Macomb, 372 NLRB No. 58, that the mere proffer of a draft severance agreement containing broad...more

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