We recently reported on the National Labor Relations Board’s McLaren Macomb decision, which held that employers commit an unfair labor practice by merely proffering a severance agreement including broad confidentiality and non-disparagement clauses, regardless of whether the employee actually signs the agreement. The Board’s General Counsel (“GC”) has now issued a Guidance Memorandum explaining her

The National Labor Relations Board (“NLRB”) ruled this week in the McLaren Macomb case, a decision applicable to both non-unionized and unionized employers, that merely including standard confidentiality and non-disparagement provisions in a severance agreement violates the National Labor Relations Act (the “Act”).  The new Biden administration Board found that such provisions “interfere with, restrain

The post-pandemic era has brought about some of the largest jury verdicts seen to date. For example, just this month an Iowa jury awarded $97.4 million to a child and his family in a medical malpractice birth injury case. In Washington State, $185 million was awarded to three teachers who were exposed to long-lasting chemicals