Archive for non-disparagement

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…

NLRB Rules Proprietary Information and Non-Disparagement Clauses in Non-Union Employment Agreement are Overbroad and Illegal

The National Labor Relations Board (NLRB) has issued another decision striking down a private, non-union employment agreement. The Quicken Loans, Inc. Decision In this most recent case, Quicken Loans, Inc. (Case No. 28-CA-75857), the administrative law judge ruled that Quicken violated the National Labor Relations Act (the “Act”)…