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28 Mar 2023, 5:52 am by Amy Cann
The McLaren Macomb Decision In McLaren Macomb, an employer offered severance agreements to employees laid off during the COVID-19 pandemic. [read post]
27 Feb 2023, 6:33 am
On February 21, 2023, the NLRB issued its opinion in McLaren Macomb and corresponding press release, Board Rules that Employers May Not Offer Severance Agreements Requiring Employees to Broadly Waive Labor Law Rights.The case involved the following provisions in separation agreements offered to 11 permanently furloughed bargaining unit employees:6. [read post]
23 Mar 2023, 4:00 am by Katherine Witherspoon Fry, Esq.
” In McLaren Macomb, the NLRB found that asking an employee to agree to keep terms of an agreement confidential (even with exceptions for spouses, lawyers, and tax advisors, and as ordered by a court or agency) violated the NLRA because the former employee would be unable to discuss it with current employees, who might want to organize. [read post]
The Board has now reversed these 2020 additions with its recent ruling of McLaren Macomb, a case relating to the structure and content of severance agreements and their enforceability under the National Labor Relations Act (NLRA), stating its intention to return to a “plain language” determination. [read post]
8 Mar 2023, 8:40 am by Epstein Becker Green
NLRB Cracks Down on Confidentiality and Non-Disparagement Provisions in Severance Agreements The NLRB held in McLaren Macomb that it is an unfair labor practice for employers to include non-disparagement and confidentiality provisions in severance agreements. [read post]
8 May 2023, 8:23 am by Erin Sutton
For more information on the McLaren Macomb decision, please look to Epstein Becker Green’s previous blog post. [read post]
24 Feb 2023, 1:21 pm by Susan Gross Sholinsky
Thus, the McLaren Macomb decision applies to employees at non-unionized workplaces who fall within the Act’s statutory definition of an “employee. [read post]
2 Mar 2023, 11:21 am by James W. Ward
In McLaren, an employer offered severance agreements to some employees who were furloughed. [read post]
23 Feb 2023, 11:31 am by admin
” On February 21, 2023, the NLRB issued a decision in McLaren Macomb,1 applying Section 7 and finding that the employer violated Section 8(a)(1) of the NLRA by including confidentiality and non-disparagement provisions in severance agreements offered to a group of furloughed workers.2 The severance agreement at issue contained the following provisions: Confidentiality Agreement. [read post]
In line with the Board’s prior ruling in McLaren Macomb, 372 NLRB No. 58 (2023), the complaint also alleges that the company committed several unfair labor practices because it allegedly instructed its employees that they could not discuss their individual employment contracts and handbooks with other employees, and fired employees for violating a non-disparagement clause included in the company’s handbook. [read post]
18 Aug 2023, 11:43 am by Jeremy M. Brooks and John C. Romeo
(For more information on the McLaren Macomb decision and its impact, see Non-Disclosure and Non-Disparagement Provisions Under Scrutiny). [read post]
18 Aug 2023, 11:43 am by Jeremy M. Brooks and John C. Romeo
(For more information on the McLaren Macomb decision and its impact, see Non-Disclosure and Non-Disparagement Provisions Under Scrutiny). [read post]
18 Aug 2023, 11:43 am by Jeremy M. Brooks and John C. Romeo
(For more information on the McLaren Macomb decision and its impact, see Non-Disclosure and Non-Disparagement Provisions Under Scrutiny). [read post]
As we recently reported, the Board’s recent decision in McLaren Macomb (2023) prohibiting, among other things, confidentiality and non-disparagement clauses in severance agreements is a timely reminder of the Biden Board’s renewed emphasis on employee rights. [read post]
2 Oct 2023, 1:01 pm by admin
Earlier this year, the National Labor Relations Board (NLRB) issued its decision and order in McLaren Macomb, 372 NLRB No. 58 (February 21, 2023), in which it concluded that certain confidentiality and nondisparagement provisions in employee severance agreements violated the employees’ rights under the National Labor Relations Act (NLRA) – and the mere offer of such provisions in severance agreements is unlawful. [read post]
At issue in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), were the legality of certain provisions contained in form severance agreements proffered to 11 furloughed bargaining unit members (in addition to various ULP allegations). [read post]
Earlier this year, the National Labor Relations Board (NLRB) issued its decision and order in McLaren Macomb, in which it concluded certain confidentiality and nondisparagement provisions in employee severance agreements violated the employees’ rights under the National Labor Relations Act (NLRA)—and the mere offer of such provisions in severance agreements is unlawful. [read post]