Separation Agreements And The NLRA

On February 21, 2023, the National Labor Relations Board ("NLRB") issued a decision affecting all employers who offer separation agreements to outgoing employees - regardless of whether their workforce is unionized.

Employers Subject to the National Labor Relations Act

The NLRB enforces the National Labor Relations Act ("NLRA"), which applies to most private sector employers. The NLRA does not apply to federal, state, or local governments; employers who employ only agricultural workers; and employers subject to the Railway Labor Act (interstate railroads and airlines). Independent contractors and supervisors also are exempt from NLRA protections, subject to limited exceptions.