In a decision sure to drastically impact the labor and employment landscape, on February 21, 2023, the National Labor Relations Board held in McLaren Macomb, 372 NLRB No. 58, that an employer's mere proffer of a severance agreement containing broad confidentiality and nondisparagement provisions is unlawful.
The fate of the ETS remains far from clear. Multiple emergency petitions have already been filed with the Supreme Court of the United States, seeking to further stay the ETS.
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