NLRB held that severance agreements containing certain nondisparagement and confidentiality clauses interfere with employee rights under Section 7 of the NLRA. The decision will impact employer severance agreements with both non unionized and unionized employees.
National Labor Relations Board issued McLaren Macomb, a decision that curtails the permissible scope of confidentiality agreements and non-disclosure provisions in severance agreements. See McLaren Macomb. Analyzing broad provisions in the agreements at issue in this case.