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
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