NLRB General Counsel Issues New Guidance On Separation Agreements

Last month we wrote about a February 21, 2023, National Labor Relations Board (NLRB) decision, McLaren Macomb, which held that overly broad confidentiality and non-disparagement provisions in employee severance agreements violated Section 7 of the National Labor Relations Act (the "Act"). In that decision, the Board concluded that such provisions interfered with non-supervisory employees' rights to engage in concerted activities relating to employment. The McLaren Macomb decision raised a number of questions that employers have been grappling with since, including whether the decision applies to existing severance agreements as well as whether and how the Act's six-month statute of limitations would limit liability related to these provisions.