NLRB to Provide Clarity on Ruling Limiting Severance Pact Terms

The National Labor Relations Board’s top attorney will release guidance next week to clarify its recent decision that broad nondisclosure and nondisparagement provisions in severance agreements run afoul of federal labor law.

The Feb. 21 ruling in the McLaren Macomb case created a litany of questions as to what it means for other separation agreements or whether it applies retroactively to current agreements.

“The general counsel will be issuing a memo next week on her thoughts on McLaren Macomb, its retroactivity effect,” and “how she will be doing these cases,” Brenna Schertz, an attorney adviser at the NLRB’s Office of ...