The National Labor Relations Board (NLRB) recently issued a key decision holding that an employer commits an unfair labor practice merely by offering a former employee a severance agreement “with provisions that would restrict employees’ exercise of their [National Labor Relations Act] rights.” In the McLaren Macomb decision, the NLRB gave examples of such unlawful provisions, including confidentiality and non-disparagement clauses routinely used by employers in employment-related documents such as severance agreements and settlement agreements. This webinar will discuss how McLaren Macomb may fundamentally change how and when colleges and universities may use confidentiality and non-disparagement provisions and will cover factors to keep in mind when drafting severance, settlement, restrictive covenant, non-disclosure, and other employment agreements.
Michael Bell, a member of Ogletree’s Reduction-In-Force and Restrictive Covenants practice groups, has extensively analyzed the NLRB’s opinion and studied how the decision may govern employers’ drafting of employment agreements in the future. James Pennington, co-chair of Ogletree’s Higher Education Practice Group, will offer insight on the applicability of the McLaren Macomb decision and guidance on how HR professionals can help achieve institutional goals while avoiding the risk of violating the NLRA.
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