NLRB Issues New Decision Restricting Nondisparagement and Confidentiality Provisions in Severance Agreements
Published March 1, 2023 The National Labor Relations Board (NLRB) recently issued its decision in McLaren Macomb that prohibits employers from offering employees severance agreements with nondisclosure and confidentiality provisions that broadly waive employees’ rights under the National Labor Relations Act (NLRA). 372 NLRB No. 58 (2023). At issue in McLaren Macomb was a unionized teaching hospital’s severance agreement, presented to 11 permanently furloughed employees, which broadly prohibited the employees from making statements that could disparage or harm the