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.
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