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Severance Agreement Provisions Scrutinized in New NLRB Guidance
Fenwick & West LLP Link to more items from this source
[Guidance Overview]
Mar. 31, 2023

"[Highlights from Memorandum GC 23-05 include:] Lawful confidentiality and non-disparagement provisions are limited to prohibitions on unlawful conduct.... Overbroad provisions violate the NLRA even if a departing employee does not sign the severance agreement or requests that the overbroad provisions be included.... Other employment-related agreements and severance provisions may violate the NLRA."

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