National Labor Relation Board’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following Board’s McLaren Macomb Decision
In this article, the authors discuss the implications of a recent ruling by the National Labor Relations Board finding two separation agreements to be unlawful.
In McLaren Macomb, the National Labor Relations Board (NLRB or Board) found two routinely standard separation agreement provisions—confidentiality as to the agreement and non-disparagement—to be unlawful when included in an agreement offered to an employee.
Thereafter, the general counsel of the NLRB, Jennifer Abruzzo, issued guidance in an effort to clarify the scope and impact of that decision. The general counsel’s guidance takes an expansive view of McLaren Macomb, foreshadowing more restrictions on separation agreement and other employment agreements.
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"National Labor Relation Board’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following Board’s McLaren Macomb Decision," by Andrew I. Herman, Garrett P. Buttrey, and Jason E. Reisman was published in the July–August 2023 edition of The Journal of Federal Agency Action (Vol. 1, No. 4), a Full Court Press, Fastcase, Inc., Publication. Reprinted with permission.
This article was first published in Blank Rome’s Blank Rome Workplace blog in March 2023.