Confidentiality and nondisparagement provisions in severance and other employment-related agreements continue to be subject to significant scrutiny. In February 2023, the National Labor Relations Board (NLRB) held in McLaren Macomb,372 NLRB No. 58 (2023) that merely offering severance agreements with broad confidentiality and nondisparagement provisions to nonmanagerial and nonsupervisory employees violates the National Labor Relations Act (NLRA). See our previous Alert. The NLRB reasoned that these provisions violate employee rights under Section 7 of the NLRA, […]

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and policies, and the law. The rapidly approaching 2024 presidential election further highlights the importance of employers understanding the legal and practical considerations at play and managing the risks.

The First Amendment’s protection against government regulation of speech does not extend to private employers, giving employers significant flexibility in […]