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NLRB General Counsel Severance Agreements Employer Liability Issues

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

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On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

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

BakerHostetler

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

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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

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

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

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

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

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

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

Littler on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Ballard Spahr LLP

NLRB General Counsel Issues Guidance Regarding Restrictions on Severance Agreements

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Last month, the National Labor Relations Board (NLRB) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA or Act) when the employer offers employee severance agreements with provisions...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Releases Memo Concerning Confidentiality and Non-Disparagement Clauses in Severance Agreements Post-McLaren

On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board...more

FordHarrison

GC Memo 23-05: General Counsel Issues Guidance on the NLRB's Recent Decision on Non-Disparagement and Confidentiality of Agreement...

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Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the...more

Polsinelli

Decision Scrutinizing Use of Nondisparagement, Confidentiality Provisions Applies Retroactively and Potentially to Supervisors,...

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On March 22, 2023, the General Counsel of the National Labor Relations Board (the “Board”) issued a memorandum purporting to provide guidance in response to inquiries about the Board’s February 2023 decision in McLaren Macomb...more

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

NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively

On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in...more

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