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National Labor Relations Board Rules that Non-Disparagement and Confidentiality ‎Provisions in Separation Agreements May Violate Section 7 of the NLRA

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By Jean Back, Kelly Riggs, Jean Ohman BackShareholder
| schwabe.com
On Tuesday, February 21, 2023, the three-member Democratic majority of the National ‎Labor Relations Board (“NLRB”) issued a decision in McLauren Macomb, reverting back to pre-‎Trump era standards and ruling that non-disparagement and confidentiality provisions in a ‎separation agreement violated the concerted right activity provisions of Section 7 of the National ‎Labor Relations Act (“NLRA”).
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