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Employees presented with a severance agreement should be aware of a National Labor Relations Board (NLRB) decision with significant implications. In a February 2023 ruling, the Board deemed confidentiality and non-disparagement provisions in severance agreements unlawful when presented to employees protected by Section 7 of the National Labor Relations Act (NLRA).

The NLRB reasoned that these provisions stifle employees’ exercise of their rights under Section 7, which guarantees workers the right to self-organize, form labor unions, bargain collectively, engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and refrain from any or all of such

Continue Reading NLRB Throws Shade on Confidentiality, Non-disparagement Clauses in Severance Agreements