The Board sent shockwaves through employment law in its February 21, 2023, decision in McLaren Macomb, which held that simply offering a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”). We previously blogged about the McLaren decision and encourage you to read that post for a summary of the decision.

McLaren left unanswered a host of critical questions and, in the month following the decision, employers have not received any further clarity from the Board regarding how this decision will play out in practice. But some clarity—welcome or unwelcome—is coming. At some point this week, General Counsel Jennifer Abruzzo plans to release a guidance memo that will elaborate on the Board’s position.

Continue Reading NLRB to Release Memo Clarifying Impact of McLaren Macombs on Confidentiality and Non-Disparagement Restrictions

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA” or “Act”). The severance agreement provisions before the Board contained extremely broad restrictions and arose in the context of underlying unfair labor practices (“ULPs”) that included circumventing a certified bargaining representative.  It remains to be seen, therefore, whether the Board will seek to invalidate more narrowly-tailored confidentiality and non-disparagement provisions.

Continue Reading NLRB Targets Confidentiality and Non-Disparagement Provisions

shutterstock_149599301

By Gary Glaser, James McNairy and Marc Jacobs

We are pleased to announce the webinar “Trade Secrets, Restrictive Covenants and the NLRB: Can They Peacefully Coexist?” is now available as a podcast and webinar recording.

In Seyfarth’s fifth installment of its 2016 Trade Secrets Webinar series, attorneys Jim McNairy and Marc Jacobs conveyed strategies and best practices to
Continue Reading Webinar Recap! Trade Secrets, Restrictive Covenants and the NLRB: Can They Peacefully Coexist?

WebinarRecent National Labor Relations Board (NLRB) law in the area of employee handbooks and policies brings new challenges for employers as to how they can best protect their trade secrets and enforce restrictive covenants in their employment agreements without running afoul of the National Labor Relations Act.

On Tuesday, May 10 at 12:00 p.m. Central, Seyfarth attorneys Gary Glaser,
Continue Reading Upcoming Webinar: Restrictive Covenants and the NLRB: Can They Peacefully Coexist?

shutterstock_242263660As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your company.  The opportunity lies in improving your company’s restrictive covenant and confidentiality agreements and confidentiality policies.  Below are five tips that you can employ
Continue Reading Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices Now

Until December 11, employers thought that they owned their email systems and could limit their use to company business.  On that day, a divided National Labor Relations Board (“NLRB”) ruled “not so.”  In Purple Communications, 361 NLRB No. 126 (Dec. 11, 2014), the NLRB ruled that employees who have access to an  employer’s email system as part of their
Continue Reading NLRB “Deletes” Employer Email Rule

By Jeffrey A. Berman and Candice T. Zee

The National Labor Relation Board (“Board”) issued its latest decision on social media issues on August 22, 2014.  In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the Board ruled that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted
Continue Reading NLRB Rules That “Liking” A Facebook Comment Is Protected Activity

By Robert Milligan and Joshua Salinas

As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all
Continue Reading Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013

In Seyfarth’s third installment of its 2013 Trade Secrets Webinar series, on Tuesday, March 19, 2013, at 12:00 p.m. Central Standard Time, Seyfarth attorneys Gary Glaser, Scott Schaefers, and Jessica Mendelson will address the relationship between trade secrets and social media. The Seyfarth panel will specifically address the following topics:

  • What’s are “Trade Secrets” and Best Practices to Protect Against


Continue Reading Upcoming Webinar: Employee Privacy and Social Networking – Can Your Trade Secrets Survive?

By Jessica Mendelson and Robert Milligan

Facebook, Twitter, LinkedIn, Yelp, Foursquare….in today’s modern world, a large and growing number of people are using social media in some capacity. Many employers have some sort of social media policy to regulate the use of social media by their employees. Some simply block social media websites on company assets in the workplace, while
Continue Reading NLRB Continues To Crack Down On Employer Social Media Policies and Continues to Leave Doubt On What Provisions Designed To Protect Trade Secrets and Confidential Information Will Withstand Its Scrutiny