NLRB to Defend Severance Agreement Decision at Sixth Circuit

A Michigan hospital will urge a federal appeals court to overturn a labor board ruling that restricted employers’ ability to use broad non-disparagement and non-disclosure provisions in employee severance agreements.

During oral argument in the US Court of Appeals for the Sixth Circuit Tuesday, McLaren Macomb—a teaching hospital in Mount Clemens, Mich.—is expected to argue that the National Labor Relations Board went beyond the scope of its authority when it struck down a Trump-era legal doctrine.

The board, which is simultaneously seeking court enforcement of its February 2023 decision, argues that the new standard protects workers’ rights to talk ...