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Employment Contract Severance Agreements National Labor Relations Board

ArentFox Schiff

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

Mintz - Employment Viewpoints

NLRB Moves Away from Biden-Era Approach on Severance Agreements

As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”) recently rescinded, via Memorandum GC...more

ArentFox Schiff

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

ArentFox Schiff on

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Kilpatrick

Reshaping Federal Labor Policy: Acting NLRB General Counsel Rescinds Numerous Biden-Era Guidance Memos

Kilpatrick on

On February 14, 2025, National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William Cowen issued the first General Counsel memorandum (“GC Memo”) of the second Trump administration, GC 25-05....more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

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We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Adams & Reese

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

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The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more

Kohrman Jackson & Krantz LLP

NLRB General Counsel Aims to End Non-Compete Agreements

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all regional offices stating that non-compete agreements in employment contracts and severance...more

BakerHostetler

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

BakerHostetler on

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

Genova Burns LLC

Non-Competes with Rank and File Employees Targeted by NLRB

Genova Burns LLC on

Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more

Polsinelli

NLRB General Counsel Takes Aim at Non-Competition Agreements

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The General Counsel of the National Labor Relations Board (“NLRB”) set her sights on a new target with the latest memorandum: non-competition agreements. The memorandum, while not binding, lays out the General Counsel’s...more

White & Case LLP

NLRB Requires Changes to Employee Severance and Other Agreements

White & Case LLP on

Earlier this year, the National Labor Relations Board ("NLRB") issued its decision and order in McLaren Macomb, 372 NLRB No. 58 (February 21, 2023), holding that certain confidentiality and non-disparagement provisions...more

Parker Poe Adams & Bernstein LLP

[Webinar] Are Big Changes for Employers on the Horizon? - May 24th, 10:00 am - 11:00 am EDT

2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more

Nelson Mullins Riley & Scarborough LLP

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more

Wyrick Robbins Yates & Ponton LLP

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Employers terminating employees frequently offer severance payments in exchange for the employees’ entry into a separation agreement.  Generally these separation agreements include a release of claims along with other...more

Dickinson Wright

NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

Dickinson Wright on

In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in...more

Weintraub Tobin

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Weintraub Tobin on

Section 7(a) of the NLRA Applies to More Than Just CBA Employees- In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other...more

FordHarrison

New NLRB Decision Prohibits Overly Broad Language In Non-Disparagement And Confidentiality Provisions In Severance Agreements

FordHarrison on

Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance...more

Stinson LLP

NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

Stinson LLP on

Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board...more

Carlton Fields

NLRB New Rule Affects How All Employers Should Approach Severance Agreements and Other Employment Contracts

Carlton Fields on

On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more

Polsinelli

Restrictions on Severance Agreements Return – Another NLRB Policy Change with Broad Implications

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The National Labor Relations Board (the “Board”) issued another precedent-shifting decision, this time taking aim at provisions commonly included in severance agreements. In McLaren McComb, an employer now violates Section...more

Nelson Mullins Riley & Scarborough LLP

NLRB Changes Position on Certain Confidentiality and Nondisparagement Provisions in Employee Agreements

M&A transactions often include special bonus, severance and/or release agreements for some or all employees. These agreements have generally included provisions requiring the employee (1) to keep confidential the amount of...more

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