NLRB Limits Use of Confidentiality and Non-Disparagement Clauses

The National Labor Relations Board (NLRB) issued a decision on February 21, 2023, in a case called McLaren Macomb, holding that employers violate the National Labor Relations Act (NLRA) if they require employees to sign separation agreements that condition the receipt of post-employment benefits on the employee’s agreeing to confidentiality and/or non-disparagement clauses. The NLRB also stated that the mere act of putting these clauses in a separation agreement – even if they can be negotiated out of the agreement - is a violation of …