Impact of NLRB Decision on Employee Confidentiality and Non-Disparagement Clauses
The National Labor Relations Board (the “Board”) recently issued a decision that has profound impacts on the validity of confidentiality and non-disparagement clauses in employment contracts, McLaren Macomb et al, Case 07-CA-263041. The case involved an employer that offered severance agreements to some employees it had permanently laid off. The severance agreement, which conditioned payment...