Nlrb Finds Common Severance Agreement Terms Illegal Labor

Nlrb Finds Common Severance Agreement Terms Illegal Labor As part of the trump administration’s significant efforts to roll back the biden administration’s policies, the acting general counsel of the national labor relations board (the “nlrb”) recently rescinded, via memorandum gc 25 05, more than 30 biden administration memoranda. Online nlrb decisions are offered in pdf format. slip opinions are subject to revision before publication in bound volumes. unpublished board decisions are available here. click here to search the board's topical index (citenet). click here to subscribe to email delivery of board decisions.

Nlrb Issues Memo On Severance Agreement Guidance Stevens Lee The nlrb this week once again ruled that a relatively common employment practice violated federal labor law, continuing what some are seeing as a trend under the current administration. The nlrb this week once again ruled that a relatively common employment practice violated federal labor law, continuing what some are seeing as a trend under the current administration. On march 22, 2023, nlrb general counsel (gc) jennifer abruzzo issued memorandum gc 23 05 (the “memorandum”), in which she provides guidance on the decision’s scope in answering a number of inquiries related to the decision. Because the severance agreement conditioned receipt of benefits on the forfeiture of rights to engage in future protected activity, the board held that the mere proffer of the agreement violated federal labor law.

Nlrb Limits Certain Severance Agreement Provisions New York Labor On march 22, 2023, nlrb general counsel (gc) jennifer abruzzo issued memorandum gc 23 05 (the “memorandum”), in which she provides guidance on the decision’s scope in answering a number of inquiries related to the decision. Because the severance agreement conditioned receipt of benefits on the forfeiture of rights to engage in future protected activity, the board held that the mere proffer of the agreement violated federal labor law. The republican controlled national labor relations board declined to overturn a heavily scrutinized 2023 precedent that banned severance agreements with overly broad or restrictive language because they lack a three member majority. The national labor relations board (nlrb) held that overly broad confidentiality and non disparagement clauses contained in severance agreements are unlawful restrictions on employees’ national labor relations act (nlra) section 7 rights. The impact of the national labor relations board's (nlrb) decision was felt immediately, prompting the general counsel of the nlrb to quickly issue the guidance in response to inquiries about the mclaren macomb decision, memorandum gc 23 05. Under the board majority’s new standard, any employer whose employees are covered by the nlra—even nonunionized employees—could be charged with an unfair labor practice for offering severance agreements with non disparagement or confidentiality clauses that the board deems overly broad.