Severance Agreements
The National Labor Relations Board (NLRB) enforces labor laws in the United States, specifically those related to collective bargaining and unfair labor practices. On February 21, 2023, the NLRB issued a ruling in McLaren Macomb, 372 NLRB No. 58 (2023) about, among other things, a Severance Agreement that contained confidentiality and non-disparagement provisions. The provisions at issue prohibited employees from disclosing the terms of the Severance Agreement to most third parties, and broadly restricted employees from making statements about the employer.