Andrew Turnbull spoke toBloomberg Lawabout the National Labor Relations Board (NLRB) issuing guidance seeking to clarify itsMcLaren Macombdecision, which outlawed overly broad confidentiality and nondisparagement provisions in severance agreements.
According to Andrew, the memo gave little reassurance to companies that are looking to stay within the bounds of the law.
“The memo didn’t give any examples of what acceptable language here would look like,” Andrew said. “They just listed off eight or nine Section 7 rights and I would say most companies are not going to be inclined to have some carve out in their severance agreement that’s going to have all that. And even if they did, it’s unclear whether that would save the agreement.”