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Non-Disparagement, Non-Disclosure, Non-Allowed: The NLRB Finds Unlawful Confidentiality and Non-Disparagement Provisions in Severance Agreements | Epstein Becker & Green

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) continued its aggressive application of the National Labor Relations Act (“Act” or “NLRA”) to workplaces. ....

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NLRB Blocks Confidentiality Provisions in Severance Agreements

National Labor Relations Board NLRB applies National Labor Relations Act NLRA to workplaces without union representation, lessened value of severance agreements by finding it unlawful for employer to proffer severance agreement with broad non-disparagement provisions. ....

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National Labor Relations Board Limits Severance Agreement Provisions

The NLRB continued its aggressive application of the National Labor Relations Act to workplaces without union representation and lessened the value of severance agreements by finding it unlawful for a severance agreement to include broad confidentiality provisions. ....

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