Archive for NLRA

NLRB Issues Bombshell Ruling on Contractual Non-Disparagement and Confidentiality Clauses

On February 21, 2023, the now Democratically-controlled National Labor Relations Board ruled in McLaren Macomb that the use of confidentiality and non-disparagement clauses in severance agreements violates the federal National Labor Relations Act (“NLRA”) because they restrict workers from engaging in “protected activity.” The Board ruled that the…

U.S. Supreme Court Agrees to Determine Legality of Class Action Waivers in Employee Arbitration Agreements

Yesterday, the U.S. Supreme Court agreed to decide whether class action waivers in employee arbitration agreements violate federal law.  This is a huge development, with potentially far-reaching implications for many California employers.  But, first, a little background (okay, actually it’s a lot of background, but it’s important) —…