NLRB Challenges Overly Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements

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Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers who offer severance agreements to employees with broad non-disparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). What do employers need to know about this recent development in labor law?

Background

Section 7 of the National Labor Relations Act (NLRA) protects workers at both unionized and non-unionized workplaces who engage in concerted activity for the purpose of mutual aid and protection. The NLRA prohibits employers from interfering with, restraining, or coercing employees who exercise their Section 7 rights,

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