The National Labor Relations Board (NLRB) ruled that typical nondisparagement and confidentiality clauses in employee severance agreements infringe on workers’ rights to engage in protected concerted activity, form unions, and bargain collectively.
In his blog post published on the Texas Employment Law Update, titled “Unlawfulness of Nondisparagement and Confidentiality Clauses in Many Severance Agreements Found by NLRB,” Russell Cawyer examines the need for employers to assess the necessity of expansive nondisparagement and confidentiality clauses in severance agreements for non-supervisory staff.