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The Bargaining Table

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The National Labor Relations Board issued a decision that reversed several Trump-era rulings allowing employers to proffer severance agreements to employees containing broad confidentiality and non-disparagement provisions. The Board’s decision holds that the “mere proffer” of a severance agreement containing a confidentiality and/or non-disparagement provision is unlawful where the clause is drafted too broadly and would “chill” an employee’s ability to exercise NLRA Section 7 rights. This is a far-reaching decision that impacts both union and non-union businesses.

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<a href="https://www.bakerlaw.com/alerts/nlrb-restricts-employers-ability-include-standard-confidentiality-non-disparagement-provisions-severance-agreements">Read the full alert for more information on how employers should prepare.</a>

Philadelphia

New York

Counsel

Christian R. White

Severing from Precedent: NLRB Restricts Employers’ Ability to Include Standard Confidentiality and Non-Disparagement Provisions in Severance Agreements