NLRB Issues Several Advice Memoranda Providing Guidance On COVID-Related And Other Workplace Issues

On September 15, 2020, the National Labor Relations Board (the "NLRB" or "Board") Division of Advice ("Advice"), published four Advice Memoranda addressing an array of issues ranging from COVID-19-related unilateral actions to non-work political advocacy and the legality of confidentiality provisions in separation agreements. The Memoranda were drafted by Advice last month, and join the panoply of other recent guidance released by Advice on July 15 and August 13.

Advice Memoranda are only binding on the parties subject to the instant dispute, but they are publicly released to give the public an idea of how the agency might handle similar issues, and thus are instructive to employers, unions and employees considering their rights and obligations under the National Labor Relations Act (the "NLRA" or "Act").