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NLRB Issues Aggressive Guidance on Severance Agreement Language
Frost Brown Todd LLC Link to more items from this source
[Guidance Overview]
Mar. 24, 2023

"Memorandum GC 23-05 provid[es] guidance on how [NLRB] regional offices should address the legality of severance agreement language.... [T]he General Counsel also shared (without explanation) her belief there are other provisions commonly found in severance/employment agreements which 'might interfere with Section 7 rights,' including: non-compete, no solicitation, and no poaching clauses; broad liability releases and covenants not to sue (which go beyond the employer or the effective date of the agreement); and certain cooperation requirements."

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